Please 

handle  this  volume 

with  care. 

The  University  of  Connecticut 
Libraries,  Storrs 


? 


^ 


II 


11 


3    9153    00055730    8 


c. 


RECORDS       '^^''^ 


OF    THb; 


COLONY   AND  PLANTATION 


OF 


NEW  HAVEN, 


FRO 31  1638  TO  1649, 


TRANSCaiBED  AND    EDITED    IN    ACCORDANCE    WITH    A    RESOLUTION 
OF    THE    GENERAL    ASSEMBLY    OF    CONNECTICUT. 


WITH     OCCASIONAL    hOTES    AND    AN    APPENDIX. 


By  CHARLES  J.  HOADLY,  M.  A. 

state  Librarian  of  Conn.,  Member  of  the  Conn.  Hist.  Soc,  Oor.  Memb.  N.  E.  Hist.  Gen.  Soc. 


HARTFORD: 
PRINTED  BY  CASE,  TIFFANY  AND  COMPANY, 

FOR    THE    EDITOR. 
1857. 


o 


tl 


At  a  General  Assembly  of  the  State  of  Connecticut,  holden  at  New 
Haven  in  said  State,  on  the  frst  Wednesday  of  May,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  fifty-six  : 

Resolved,  That  the  secretarj^  be  authorized  to  purchase  for  the  use  of  the  state,  two 
hundred  and  fifty  copies  of  the  proposed  publication  of  the  Eecords  of  the  Colony  of 
New  Haven,  prior  to  the  union  with  Connecticut,  transcribed  and  edited  by  Charles 
J.  Hoadly,  Esq.  Provided,  that  such  publication  shall  be  authenticated  by  the  official 
certificate  of  the  secretary,  as  a  true  copy  of  the  original  record ;  and  provided,  also, 
that  the  expense  of  the  same  shall  not  exceed  two  dollars  and  fifty  cents  per  volume. 

Resolved,  That  the  copies  so  purchased  be  distributed  as  follows;  one  copy  to  the 
town  clerk  of  each  town  in  this  state,  to  be  preserved  in  his  oflice  for  the  use  of  the 
town ;  one  copy  to  the  governor,  and  to  each  of  the  state  officers  of  this  state ;  one 
copy  to  the  governor  of  each  of  the  several  states  and  teiTitories  of  the  United  States, 
to  be  deposited  in  their  several  state  libraries;  one  copy  to  the  library  of  congress ; 
one  copy  to  the  Smithsonian  Institute;  one  copy  to  each  of  the  colleges  of  this  state; 
twenty  five  copies  to  Mr.  Alexander  Vattemare  for  international  exchange ;  and  the 
remainder  of  the  said  two  hundred  and  fifty  copies  to  be  deposited  in  the  office  of  the 
secretary,  subject  to  the  disposal  of  the  general  assembly. 


INTRODUCTION. 


The  original  manuscript,  of  which  the  present  vohime  is  intended 
to  be,  as  nearly  as  practicable,  a  reproduction,  is  a  large  folio  of  sev- 
enteen by  eleven  inches  in  size,  containing  about  two  hundred  and 
fifly  pages.  It  was  evidently  written  with  some  care,  and  the  chirog- 
raphy  of  the  whole  might  be  called,  for  the  period,  superior,  more 
particularly  so  that  of  Thomas  Fugill,  the  first  secretary,  although  it 
is  more  abundant  in  contractions  and  abbreviations  than  that  of  Rich- 
ard Perry  or  Francis  Newman,  his  successors. 

Many  years  before  the  employment  of  the  volume  in  this  country 
as  a  Record  Book  for  New  Haven  Colony,  five  pages  of  it  had  been 
used,  by  some  great  merchant  in  London,  as  a  Day  Book  or  Journal, 
and  it  thus  begins, — "  Laus  Deo,  In  London,  the  6th  of  January, 
Anno  Dominse  1608."  Who  the  merchant  was  to  whom  it  belonged 
does  not  appear,  and  is  unknown ;  it  has  been  a  tradition,  however, 
that  it  was  "  Governor  Eaton's  Ledger,"  but  as  Eaton  was  born  in 
1590,  it  would  hardly  seem  probable  that  a  youth  of  eighteen  should 
carry  on  business,  both  foreign  and  domestic,  to  so  great  an  extent  as 
would  appear  to  be  indicated  by  the  entries  in  this  book. 

At  their  first  settlement,  though  within  the  limits  of  the  old  Con- 
necticut Patent,  the  plantations  of  New  Haven,  Guilford  and  Mil- 
ford,  intended  to  be,  if  possible,  separate  and  distinct  governments, 
but  finding  themselves  singly  too  weak,  early  in  the  spring  of  the  year 
1643,  they  confederated  with  New  Haven,  which  had  already  by  the 


IV  INTRODUCTION. 

purchase  and  settlement  of  Stamford,  Yennycock  or  Southold,  and 
Totoket  or  Branford,  become  the  most  considerable  in  size  and  influ- 
ence, and  thus  was  formed  the  Jurisdiction  of  New  Haven. 

The  present  volume  contains  the  records  of  the  Colony  of  New 
Haven  while  it  remained  distinct,  the  beginning  of  the  records  of  the 
Jurisdiction,  and  the  records  of  the  Town  or  Plantation  up  to  the 
year  1650. 

From  April,  1644,  to  May,  1653,  the  records  of  the  Jurisdiction 
are  lost,  save  that  in  this  volume  we  have  the  proceedings  of  a  Court 
of  Magistrates,  June  14th,  1646,  and  a  Court  of  Election,  October 
27th,  1646.  How  long  these  records  have  been  missing  we  are  igno- 
rant, but  may  conjecture  that  they  have  been  so  for  a  period  of  about 
a  century.  That  Dr.  Trunabull  did  not  have  access  to  them,  while 
collecting  materials  for  the  history  of  Connecticut,  that  is  from  about 
1770  to  1774,  is  evident  upon  an  examination  of  that  woi'k,  and  had 
theu'  disappearance  then  been  recent,  we  should  suppose  that  there 
would  have  been  made  some  reference  to  the  fact,  either  by  him  or  by 
the   General  Assembly  in  their  resolution  of  May,  1772. 

The  dates  of  some  meetings  of  the  Jui-isdiction  Courts  for  this 
period,  collected  from  the  records  of  the  United  Colonies  and  from 
those  of  the  town  of  Guilford,  are  inserted  in  their  chronological  order 
in  the  form  of  notes. 

In  a  note  at  page  463  is  found  an  account  of  some  of  the  proceed- 
ings of  a  General  Court  for  the  Jurisdiction,  May  30th,  1649,  which 
is  taken  from  Thompson's  History  of  Long  Island,  but  I  have  thus 
far  been  unable  to  learn  the  source  whence  the  author  of  that  work 
obtained  the  citation.  The  editor  has  been  informed  that  Mr.  Thomp- 
son's papers  aiFord  no  clue,  and  that  it  is  not  found  in  the  records  of 
the  town  of  Southold,  L.  I.  It  is  to  be  hoped  that  the  extract  may 
lead  to  the  discovery  of  the  missing  volume. 

In  May,  1772,  perhaps  at  the  instance  of   Governor  Trumbull, 
who,  as  the  venerable  historian  of  Connecticut  assures  us,   had  a 
most  thorough  acquaintance  with  the  history  of  tlie  colony,  the  Gen- 
eral Assembly  passed  the  following  resolution  : 
"  Whereas  the  first  antient  Book  of  Records  of  this  Colony  remain- 


INTRODUCTION.  V 

ing  in  the  Secretary's  office,  and  the  first  Records  of  the  Jurisdiction 
of  New  Haven,  in  the  office  of  the  Town  Clerk  of  the  Town  of  New 
Haven,  are  much  worn  and  decayed,  and  by  constant  use  in  danger  of 
being  totally  ruined.  Resolved  by  this  Assembly,  that  the  Secretary 
be  directed  and  he  is  hereby  directed  to  procure  the  said  Records  to 
be  fairly  transcribed  into  some  proper  book  or  books  to  be  by  him 
procured  for  that  purpose,  and  laid  before  this  Assembly  to  be  com- 
pared and  duly  authenticated  for  common  use,  to  the  end  that  the 
said  original  ancient  Records  may  be  safely  jjreserved  and  used  only 
upon  special  and  important  occasions.  The  secretary  is  also  directed 
to  receive  into  his  hands  and  deposit  in  his  office  the  antient  Book  of 
Records  of  the  Jurisdiction  of  New  Haven,  now  remaining  in  the  office 
of  the  clerk  of  the  County  Court  of  New  Haven  County,  who  is  also 
hereby  requested  to  deliver  the  same  to  him  accordingly,  that  the 
same  may  remain  for  publick  use  in  the  publick  ai'chives  of  the 
Colony."* 

The  first  volume  of  the  Connecticut  Records  was  copied  and  pre- 
sented to  the  Legislature  for  authentication  in  May,  1773,  but  why  the 
New  Haven  Records  were  not  then  also  transcribed  we  are  not 
informed. 

The  authorities  of  the  town  of  New  Haven  have  within  a  few  years 
taken  commendable  care  for  the  preservation  and  safe  keeping  of  this 
first  volume  of  their  Records,  by  causing  a  copy  to  be  made,  and  by 
enclosing  the  original  m  a  copper  box. 

In  executing  the  trust  of  editing  these  Records,  accuracy  has  been 
the  chief  thing  aimed  at,  and  to  obtain  this  neither  time  nor  labor 
have  been  spai'ed ;  every  page  has  been  carefully  compared  by  the 
editor  with  the  original ;  contractions  and  abbreviations  have  been 
followed,  but  with  regard  to  the  use  of  capital  letters  and  marks  of 
punctuation,  it  has  not  been  deemed  necessary  strictly  to  adhere  to  the 
copy  ;  still,  however,  this  liberty  has  been  used  with  caution,  and  the 
editor  has  not  knowingly  altered  the  sense  of  any  passage  thereby, 

*  Colony  Records,  vol.  xi,  p.  105. 


vi  INTRODUCTION. 

preferring  in  all  instances  where  such  might  be  the  case,  to  let  the 
original  punctuation  prevail. 

Changes  in  the  original  arrangement  of  the  records  have  been 
made  in  two  instances  only,  one  by  placing  the  articles  of  agreement 
with  the  native  Indian  proprietors  at  the  beginning  of  the  volume, 
and  the  other  by  transferring  a  list  of  names  recorded  on  page  [138] 
to  page  140  of  this  volume.  The  paging  of  the  original  has  been 
preserved  and  will  be  found  in  brackets  at  the  side  of  the  page. 

Some  redundancies  in  the  original  have  been  printed  in  italics. 
Where  the  original  has  in  some  places  become  obliterated  or  worn 
away,  the  missmg  words,  supplied  by  the  editor,  are  included  in 
brackets.  In  other  cases  where  words  or  letters  have  been  omitted 
or  passages  of  doubtful  import  occur,  the  editor  feels  obliged  to  charge 
the  fault  to  those  who  originally  wrote  the  manuscript. 

In  citing  the  records  of  the  United  Colonies,  it  has  been  found 
more  convenient  in  general,  to  cite  from  the  cotemporary  manuscript 
copy  preserved  in  the  Secretary's  office  than  to  make  use  of  Hazard, 
since  it  is  known  that  in  the  latter  many  errors  occur.  In  citing 
Trumbull's  history,  the  edition  printed  at  Hartford  in  1797  has  been 
used,  and  in  Savage's  Winthrop,  though  the  edition  of  1853  has  been 
used,  yet  the  pages  of  the  former  edition  of  1825-6  are  cited. 

In  conclusion,  the  editor  expresses  his  thanks  and  acknowledges 
his  obligations  to  the  General  Assembly  of  Connecticut,  by  whose 
liberality  the  expenses  of  publication  have  been  in  part  defrayed ;  to- 
the  Connecticut  Historical  Society,  for  their  encouragement  of  the 
work ;  to  the  late  Town  Clerk,  Alfred  Terry,  Esq.,  and  to  the  Select- 
men of  New  Haven,  for  the  readiness  and  courtesy  with  which  they 
affoi'ded  every  facility  requested  for  the  accomplishment  of  the  same  ; 
to  Henry  White,  Esquire,  for  many  valuable  suggestions  and  other 
important  aid,  which  his  very  extensive  and  accurate  information 
regarding  the  early  history  of  New  Haven  enabled  him  to  furnish  ; 
to  Hon.  Francis  De  Witt,  Secretary  of  the  Commonwealth  of  Mas- 
sachusetts, and  to  E.  B.  O'Callaghan,  Esq.,  M.  D-,  of  Albany,  for  copies 
of  documents  remaining  in  the  archives  of  their  respective  States  ;  to 
Kalph  D.  Smith,  Esq.,  of  Guilford,  Henry  Onderdonk,  Jr.,  Esq.,  of 


INTRODUCTION.  Vll 

Jamaica,  L.  L,  and  Rev.  E.  Whitaker,  of  Southold,  L.  I.,  and  to 
others  who  in  various  ways  liave  given  the  publication  their  counte- 
nance or  assistance. 

To  Henry  White,  Esquire,  I  am  indebted  also  for  the  copies  and 
abstracts  of  wills  and  inventories  found,  as  notes,  in  this  volume. 

Should  the  present  volume  meet  with  sufficient  encouragement,  the 
editor  proposes  to  continue  it,  by  the  publication  of  the  Records  of 
New  Haven  Jurisdiction  from  May,  1653,  to  the  union  with  Connect- 
icut in  1664-5,  together  with  the  New  Haven  code  of  1656. 

C.  J.  H. 

State  Library,  Hartford, 
April  14,  1857. 


Most  of  tlie  abbreviations  used  in  this  volume  require  no 
explanation ;  the  letter  m  or  n  with  a  dash  or  circumflex  over 
it,  in  or  n ,  was  frequently  used  for  the  double  consonant ;  a 
similar  mark  placed  over  a  vowel  indicates  the  omission  of  a 
consonant,  generally  m  or  n,  thus,  como,  for  common ;  the 
letter  c  is  used  for  ti,  thus,  condicon,  for  condition  ;  the  letter 
p  shows  the  omission  of  letters,  of  which  r  was  generally  one, 
thus,  pson  for  person,  pp  for  proper.  A  caret,  ^  ,  denotes 
a  blank  in  the  original  record. 


THE  NAMES  OF   ALL  THE   FREEMEN 


OF    THE 


COURTE  OF  NEWHAVEN. 


[In  the  hand  writing  of  Tliomtis  Fugill.l 


Mr.  Theophilus  Eaton. 
Mr.  John  Davenport. 
Mr.  Rob*  Newman. 
Mr.  Math :  Gilbert. 
Thomas  Fugill. 
John  Ponderson 
Jer.  Dixon. 
Mr.  Nath  :  Turner 
Mr.  Eze :  Cheu^s 
William  Andre wes. 
Mr.  Sam:  Eaton 
John  Clarke 
John  Chapman 
Robt  Seeley 
Tho :  Geffreyes 
Rich  Hull 
Tho :  Kimberley 
Mr.  Tho  :  Gregson 
John  Mossc 
Adam  Nicholls 
Abra:  Bell 
"William  Thorpe 
Mr.  Francis  Newman 
Andrew  Low 
Tho :  Mounson 
2 


Mr.    ^    Jam?s 

Mr.  Geo  :  Lamberton 

^    Nash 
Mr.  Rich :  Perry 
William  Peck 
Andrew  Hull 
GoodiTi  Shirman 
Goodm  Gil^bs 
Goodin  Liufmoore 
Tho  Ellsey 
Mr.  Joshua  Attwater 
Antony  Tompson 
Edw  Wigglesworth 
John  Vincent 
Mr.  John  Wakeman 
John  Benham 
Mr.  Stephen  Goodyear 
John  Potter 
Mr.  Jasper  Craine 
Andrew  Warde 
Francis  Bell 
Rich:  Miles 
Roger  Allen 
Mr.  Richard  Malbonc 
Wili  lues 


Rip: 


10 


NEW   HAVEN   COLONY  RECOEDS. 


[1639 


Francis  Browne 
John  Nasli 
Goodma  Davis 
Mr.  Gibbercl 
Goodman  Abbott 
Sam:  Whitehead 
John  Brockett 
Richard  Law 
Matliew  Camfield 
Tristram  Rayner 


Bro  :  Lamson 
Captaine  Underhill 
Rich :  Gildersleeve 
Math:  Moulthrop 
Goodm :  Preston 
Will  Tompson 
Hen :  Lendall 
Will  Fowler 
Joh :  Cowper 
Joseph  Nasli 


NEW  HAVEN  COLONY  RECORDS. 

[In  the  handwriting  of  Thomas  Fugill.] 

[1]  The  4th  day  of  the  4*^  moneth  called  June  1639,  all  the 
free  planters  assembled  together  in  a  ge[neral]  meetinge*  to 
consult  about  settling  ciuill  Gouernmt  according  to  God, 
and  about  the  nominatio  of  persons  thatt  might  be  founde  by 
consent  of  all  fittest  in  all  respects  for  the  foundaco  worke  of 
a  church  w[hich]  was  intend  to  be  gathered  in  Quinipieck. 
After  solemne  invocatio  of  the  name  of  God  in  prayer  [for] 
the  presence  and  help  of  his  speritt,  and  grace  in  those 
weighty  businesses,  they  were  reminded  of  t[he]  busuies 
whereabout  they  mett  (viz)  for  the  establishm*  of  such  ciuill 
order  as  might  be  most  p[leas]ing  vnto  God,  and  for  the 
chuseing  the  fittest  men  for  the  foundaco  worke  of  a  church 
to  be  gather[ed.]  For  the  better  inableing  them  to  discerne 
the  minde  of  God  and  to  agree  accordingly  concerning  the 
establishmt  of  ciuill  order,  Mr.  John  Davenport  propounded 
diuers  quaeres  to  tlicm  publiquely  praying  them  to  consider 
seriously  in  the  presence  and  feare  of  God  the  weight  *of  the 
busines  they  met  about,  and  nott  to  be  rash  or  sleight  in  glue- 
ing their  votes  to  things  they  understoode  nott,  butt  to  digest 
fully  and  throughly  whatt  should  be  propounded  to  them, 
and  without  respect  to  men  as  they  should  be  satisfied  and 
pswaded  in  their  owne  mindes  to  giue  their  answers  in  such 
sort  as  they  would  be  willing  they  should  stand  upon  recorde 
for  posterity. 

This  being  earnestly  passed  by  Mr.  Davenport,  Mr.  Robt. 

*  This  meeting  took  place  according  to  tradition,  in  a  large  barn  belonging  to  Jlr. 
Newman.  Dr.  Bacon,  Hist.  Disc.  20,  has  shown  that  it  was  most  probably  Robert 
Newman's,  and  pointed  out  its  location  as  being  near  Temple  st.,  between  Elm  and 
Grove  streets. 


12  NEW  HAVEN  COLONY  RECORDS.  [1639 

Newman  was  intreated  to  write  in  carracters  and  to  read  dis- 
tinctly and  audibly  in  the  hearing  of  all  the  people  whatt  was 
propounded  and  accorded  on  that  itt  might  appeare  thatt  all 
consented  to  matters  propounded  according  to  words  written 
by  him. 

Qu^R.  1.  Whether  the  Scripturs  doe  holde  forth  a  perfect 
rule  for  the  directio  and  gouernm*  of  all  men  in  all  duet[ies] 
w'^h  they  are  to  performe  to  God  and  men  as  well  in  the 
gou^'m^  of  famylyes  and  comonwealths  as  in  matters  of  the 
chur. 

This  was  assented  vnto  by  all,  no  man  dissenting  as  was 
expressed  by  holding  up  of  hands.  Afterward  itt  was  read 
ou'"  to  them  thatt  they  might  see  in  whatt  words  their  vote 
was  expressed :  They  againe  expressed  their  consent  thereto 
by  holdeing  up  their  hands,  no  man  dissenting. 
QuiER.  2.  Whereas  there  was  a  cou*  solemnly  made  by  the 
whole  assembly  of  freeplanters  of  this  plantatio  the  first  day  of 
extraordenary  humiliati(3  w^^h  we  had  after  wee  came  together, 
thatt  as  in  matters  thatt  concerne  the  gathering  and  ordering 
of  a  chur.  so  likewise  in  all  publique  offices  w^h  concerne 
ciuill  order,  as  choyce  of  magistrates  and  officers,  makeing 
and  repealing  of  lawes,  devideing  allottm**  of  inheritance  and 
all  things  of  like  nature  we  would  all  of  vs  be  ordered  by 
those  rules  w<=h  the  scripture  holds  forth  to  vs.  This  couen"^ 
was  called  a  plantatio  couen*  to  distinguish  itt  fro  [a]  chur. 
couent  w'^h  could  nott  att  thatt  time  be  made,  a  chur.  nott 
being  then  gathered,  butt  was  deferred  till  a  chur.  might  be 
gathered  according  to  God:  Itt  was  demaunded  whether  all 
the  free  planters  doe  holde  themselues  bound  l)y  thatt  couen- 
ant  in  all  businesses  of  thatt  nature  w^h  are  expressed  in  the 
couen^^  to  submitt  themselves  to  l)e  ordered  by  the  rules  held 
forth  in  the  scripture. 

This  also  was  assented  vnto  by  all,  and  no  man  gainesaid 
itt,  and  they  did  testefie  the  same  by  holde  [ing]  vp  their 
hands. both  when  itt  was  first  propounded,  and  confirmed  the 
same  by  holdeing  vp  their  hands  when  itt  was  read  vnto  them 
in  publique,  John  Clarke  being  absent  when  the  couen^  w[as] 
made,  doth  now  manefest  his  consent  to  itt,   allso  Richard 


1639]  NEW   HAVEN   COLONY  RECORDS.  13 

Beach,  Andrew  Low,  Goodm  Banister,  Ar[tlmr]  Halbidge, 
John  Potter,  Rob*  Hill,  John  Brockett  and  John  Johnson, 
these  persons  being  nott  [ad]mitted  planters  when  the  couen*^ 
was  made  doth  now  express  their  consent  to  itt. 
Qu^R.  3.  Those  who  have  desired  to  be  receiued  as  free 
planters,  and  are  settled  in  the  plantatio  w'h  a  pnrp[ose,]  res- 
ohitio  and  desire  thatt  they  may  be  admitted  into  chur.  fellowP 
according  to  Christ  as  soone  [as]  God  shall  fitt  them  there- 
vnto :  were  desired  to  express  itt  by  holdeing  vp  of  hands  : 
Accordingly  a[ll]  did  expresse  this  to  be  their  desire  and  pur- 
pose by  holdeing  vp  their  hands  twice,  (viz)  both  att  the 
[pro]posall  of  itt,  and  after  when  these  written  words  were 
read  vnto  them. 

Qu^R.  4.  All  the  free  planters  were  called  vpo  to  expresse 
whether  they  held  themselues  bound  to  esta[blisli]  such  ciuill 
order  as  might  best  conduce  to  the  secureing  of  the  purity 
and  peace  of  the  ordina[nces]  to  themselues  and  their  poster- 
ity according  to  God.  In  answ.  herevnto  they  expressed  by 
hold[ing]  vp  their  hands  twice  as  before,  thatt  they  held  them 
selues  bound  to  establish  such  [civil  order]  as  might  best  con- 
duce to  the  ends  aforesaid. 

Then  Mr.  Davenport  declared  vnto  them  by  tlie  scripture 
whatt  kinde  of  persons  might  best  be  trusted  w'^h  matters  of 
gouerm%  and  l)y  sundry  argumts  from  scripture  proued 
thatt  such  men  as  were  discrib[ed]  in  Exod.  18.  2.  Deut.  1. 
13,  w^hDeut.  17.  15,  audi.  Cor.  6 :  1  to  7,  ought  to  be  in- 
trusted by  them,  seeing  [they]  were  free  to  cast  themselues 
into  thatt  mould  and  forme  of  comofi  wealth  w^h  appeareth 
best  for  them  in  referrence  to  the  secureing  of  the  pure  and 
peaceable  injoym*  of  all  Christ  his  ordinances  [in]  the  church 
according  to  God,  whercvnto  they  have  bound  themselues  as 
hath  beene  acknowledged.  Having  thus  said  he  satt  downe, 
praying  the  company  freely  to  consider  whether  they  would 
haue  [it]  voted  att  this  time  or  nott :  After  some  space  of 
silence  Mr.  Theophilus  Eaton  answered  itt  mi[ght]  be  voted, 
and  some  others  allso  spake  to  the  same  purpose,  none  att  all 
opposeing  itt.  Then  itt  was  propounded  to  vote. 
Qu^R.  5.     Whether  Free  Burgesses  shalbe  chosen  out  of  chur. 


14  NEW  HAVEN  COLONY  RECORDS.         [1639 

members  they  thatt  are  in  the  foundat[ion]  worke  of  the 
church  being  actually  free  burgesses,  and  to  chuse  to  them- 
selues  out  of  the  li[ke]  estate  of  church  fellowp  and  the 
power  of  chuseing  magistrates  and  officers  from  among  them- 
selues  and  the  power  off  makeing  and  repealing  lawes  accord- 
ing to  the  worde,  and  the  devideing  of  inheritances  and 
decideing  of  differences  thatt  may  arise,  and  all  the  buisnesses 
of  like  nature  are  to  be  transacted  by  those  free  burgesses. 
[2]  This  was  putt  to  vote  and  agreed  vnto  by  the  lifting  vp  of 
hands  twice  as  in  the  former  itt  was  done.  Then  one  man* 
stood  yp  after  the  vote  was  past,  and  expressing  his  dissenting 
from  the  rest  in  pt  yett  grantinge  1.  That  magistrates  should 
be  men  fearing  God.  2.  Thatt  the  church  is  the  company 
whence  ordenaryly  such  men  may  be  expected.  3.  Thatt 
they  that  chuse  them  ouglit  to  be  men  fearing  God  :  onely  att 
this  he  stuck.  That  free  planters  ought  nott  to  giue  this 
power  out  of  their  hands :  Another  stood  vp  and  answered 
that  in  this  case  nothing  was  done  l3ut  w'h  their  consent. 
The  former  answered  thatt  all  the  free  planters  ought  to 
resume  this  power  into  their  owne  hands  againe  if  things  were 
nott  orderly  carryed.  Mr.  Theophilus  Eaton  answered  thatt 
in  all  places  they  chuse  committyes,  in  like  manner  the  com- 
panyes  of  London  chuse  the  liueryes  hj  whom  the  publique 
magistrates  are  chosen.  In  this  the  rest  are  not  wronged 
because  they  expect  in  time  to  be  of  y^  liu''y  themselues,  and 
to  liaue  the  same  power.  Some  others  intreated  the  form''  to  giue 
his  argum^s  and  reasons  wherevpo  he  dissented.  He  refused  to 
doe  itt  and  said  they  might  nott  rationally  demaund  itt,  seeing 
he  lett  the  vote  passe  on  freely  and  did  nott  speake  till  after  itt 
was  past,  because  he  would  nott  hinder  whatt  they  agreed  upo. 
Then  Mr.  Davenport,  after  a  short  relatio  of  some  formJ"  pass- 
ages betweene  them  two  about  this  quest,  prayed  the  company 
thatt  nothing  might  be  concluded  by  them  in  this  weighty 
quest,  butt  whatt  themselues  were  perswaded  to  be  agreeing 
Avth.the  minde  of  God  and  they  had  heard  whatt  had  beene 
said  since  tlie  voteing,  intreated  them  againe  to  consider  of  itt, 
and  putt  itt  againe  to  vote  as  before. — Againe  all  of  them  by 

*  Probably  Kev.  Samuel  Eaton,  see  Mather  Mag.,  B.  iii,  pt.  4,  ch.  1. 


1639]  NEW   HAVEN   COLONY  RECORDS.  15 

holding  vp  their  hands  did  shew  their  consent  as  before,  And 
some  of  them  professed  thatt  whereas  they  did  wauer  before 
they  came  to  the  assemljly  they  were  now  fully  convinced  thatt 
itt  is  the  minde  of  God.  One  of  them  said  that  in  the  morn- 
ing, before  he  came,  reading  Deut.  17.  15.  he  was  convinced 
att  home,  another  said  thatt  he  came  doubting  to  the  assembly 
butt  he  blessed  God  by  whatt  had  beene  said  he  was  now  fully 
satisfied  thatt  the  choyce  of  Ijurgesses  out  of  chur.  members, 
and  to  intrust  those  w'h  the  power  before  spoken  off  is  accord- 
ing to  the  minde  of  God  reuealed  in  the  scriptures.  All  have- 
ing  spoken  their  apprehensions,  itt  was  agreed  vpon,  and  Mr. 
Robt  Newma  was  desired  to  write  itt  as  an  order  wherevnto 
euery  one  thatt  hereafter  should  be  admitted  here  as  planters 
should  submitt  and  testefie  the  same  by  subscribeing  their 
names  to  the  order,  namely,  that  church  members  onely  shall 
be  free  burgesses,  and  thatt  they  onely  shall  chuse  magistrates 
&  ofiicers  among  themselues  to  haue  the  power  of  transacting 
all  the  publique  ciuill  affayres  of  this  Plantatio,  of  makeing 
and  repealing  lawes,  devideing  of  inheritances,  decideing  of 
differences  thatt  may  arise  and  doeing  all  things  or  businesses 
of  like  nature. 

This  being  thus  settled  as  a  foundamentall  agreem*  concern- 
ing ciuill  goucrnmt.  Mr.  Davenport  proceeded  to  propound 
some  things  to  consideraco  aboute  the  gathering  of  a  chur. 
And  to  prevent  the  Ijlemishing  of  the  first  Ijeginnings  of  the 
chur.  worke,  Mr,  Davenport  aduised  thatt  the  names  of  such 
as  were  to  be  admitted  might  be  publiquely  propounded,  to  the 
end  thatt  they  who  were  most  approued  might  be  chosen,  for 
the  townc  being  cast  into  seuerall  priuate  meetings  wherein 
they  thatt  dwelt  nearest  together  gaue  their  accounts  one  to 
another  of  Gods  gracious  worke  vpon  them,  and  prayed  to- 
gether and  conferred  to  their  mutuall  edifficatio,  sundry  of 
them  had  knowledg  one  of  another,  and  in  euery  meeting 
some  one  was  more  approued  of  all  then  any  other.  For  this 
reason,  and  to  prevent  scandalls,  the  whole  company  was 
intreated  to  consider  whom  they  found  fittest  to  nominate  for 
this  worke. 
Quae.  6.    Whether  arc  you  all  willing  and  doe  agree  in  this 


16  NEW   HAVEN   COLONY  RECORDS.  [1639 

thatt  twelue  men  be  chosen  thatt  their  fitnesse  for  the  foundaco 
worke  may  be  tried,  howeu''  there  may  be  more  named  yett 
itt  may  be  in  the""  power  who  are  chosen  to  reduce  them  to 
twehie,  and  itt  be  in  the  power  of  those  twelue  to  chuse  out  of 
themselues  seauen  that  shall  be  most  approved  of  the  major 
part  to  begin  the  church. 

This  was  agreed  vpo  by  consent  of  all  as  was  expressed  by 
holdeing  vp  of  hands,  and  thatt  so  many  as  should  be  thought 
fitt  for  the  foundaco  worke  of  the  church  shall  be  propounded 
by  the  plantatio,  and  written  downe  and  passe  wUiout  exceptio 
vnlesse  they  had  giuen  publique  scandall  or  offence,  yett  so  as 
in  case  of  publique  scandall  or  offence,  euery  one  should  haue 
liberty  to  propound  their  exceptio  att  thatt  time  publiquely 
against  any  man  that  should  be  nominated  when  all  their 
names  should  be  writt  downe,  butt  if  the  offence  were  priuate, 
thatt  mens  names  might  be  tendered,  so  many  as  were  offend- 
ed were  intreated  to  deale  w^h  the  offender  priuately,  and  if 
he  gaue  nott  satisfactio,  to  bring  the  matter  to  the  twelue 
thatt  they  might  consider  of  itt  impartially  and  in  the  feare  of 
God.  The  names  of  the  persons  nominated  and  agreed  vpon 
were  Mr.  Theopli.  Eaton,  Mr.  John  Davenport,  Mr.  Robt. 
Newman,  Mr.  Math.  Gilbert,  Mr.  Richard  Malbon,  Mr.  Nath : 
Turner,  Eze:  Cheurs,  Thomas  Fugill,  John  Ponderson,  Wil- 
liam Andrewes,  and  Jer.  Dixon.  Noe  exceptio  was  brought 
against  any  of  those  in  publique,  except  one  about  takeing  an 
excessiue  rate  for  meale  w^h  he  sould  to  one  of  Pequanack  in 
his  need,  w^h  he  confessed  wUi  griefe  and  declared  thatt 
haueing  beene  smitten  in  heart  and  troubled  in  his  conscience, 
he  restored  such  a  part  of  the  price  back  againe  w4i  confessio 
of  his  sin  to  the  party  as  he  thought  himselfe  bound  to  doe. 
And  itt  being  feared  thatt  the  report  of  the  sin  was  heard  far- 
ther th[an]  the  report  of  his  satisfactio,  a  course  was  conclu- 
ded on  to  make  the  satisfactio  known  to  as  many  as  heard  of 
the  sinn.  Itt  was  also  agreed  vpo  att  the  said  meeting  thatt 
if  the  persons  aboue  named  did  finde  themselues  straitened  in 
the  number  of  fitt  men  for  the  seauen,  thatt  itt  should  be  free 
for  them  to  take  into  tryal  of  fittnes  such  other  as  they  should 
thinke  meete,  prouided  thatt  itt  should  be  signified  to  the 


1639] 


NEW   HAVEN   COLONY   EECORDS. 


17 


towne  vpon  the  Lords  day  who  they  so  take  in,  thatt  eii'"y 
man  may  be  satisfied  of  them  according  to  the  course  formerly 
taken. 


[3]  Whereas  there  was  a  foundamentall  agreem^  made  in  a 
generall  meeting  of  all  the  free  planters  of  this  towne,  on  the 
4'^''  of  the  fowerth  moneth  called  June,  namely  thatt  church 
members  onely  shall  be  free  burgesses,  and  they  onely  shall 
chuse  among  them  seines  magistrates  and  officers  to  ha[ve] 
the  power  of  transacting  all  publique  ciuill  affayres  of  this 
plantatio,  of  makeing  and  repeali[ng]  lawes,  devideing  inherrit- 
•ances,  decideing  of  differences  thatt  may  arise,  and  doeing  all 
things  and  businesses  of  like  nature.  Itt  was  therefore  order- 
ed by  all  the  said  free  planters  thatt  all  those  thatt  hereafter 
should  be  receiued  as  planters  into  this  plantatio  should  allso 
submitt  to  the  said  foundamentall  agreem*^,  and  testifie  the 
same  by  subscribeing  their  names  vnder  the  names  of  the 
aforesaid  planters  as  foUoweth. 


Mr  Theoph  Eaton 
Mr  John  Davenport 
Mr  Sam:  Eaton 
Mr  E,obt  Newma 
Mr  Math  Gilbert 
Mr  Nath  Turner 
Mr  Rich.  Malbon 
Mr  Browninge 
Mr  Linge 

Mr  William  Touttle 
Mr  Cheeuers 
Mr  Perry 
Mr  Craine 
Mr  Fran :  Newm 
MrTho:  Yale 
Tho:  Fugill 
William  Andrewes 
Richard  Beckley 


John  Cooper 
Jarvis  Boykin 
John  Chapman 
Tho:  Kimberley 
John  Benliam 
Mr  Wilkes 
Tho:  Jeffreyes 
Robt.  Seely 
Nicholas  Elsey 
John  Budd 
Rich.  Hull 
Will  Preston 
John  Brockett 
Jer  Dixon 
Robt.  Hill 
Andrew  Low 
Will  Thorpe 
John  Ponderson 


John  Johnson 
Edward  Wiggleworth 
John  Clarke 
Sam.  Whitehead 
John  Potter 
Arther  Halbidge 
Edward  Banister 
Will  Potter 
John  Mosse 
John  Charles 
Richard  Beach 
Tymothy  Forde 
John  Reader 
John  Cogswell 
Mathew  Hitchcock 
Francis  Hall 
Richard  Osborne 
James  Clarke 


18 


NEW   HAVEN   COLONY   RECORDS. 


[1639 


Andrew  Hull 
Edward  Patteson 
Will  Eues 


Geo:  Smith  Andr.  Messenger 

John  Peacock  Geo:  Warde 

Mathew  Moulthrop   Lawrence  Warde 


[The  following 

Stephen  Goodyeare 
Thomas  Gregson 
Thomas  Nash 
William  Jeanes 
Jno  Evance 
Thomas  Munson 
John  Liuermore 
Jeremy  Whetnell 
Luke  Atkinson 
Thomas  Morris 
William  Russill 
Beniamin  Willmott 
Thomas  Powell 
James  Russell 
Peter  Browne 

his 
John      I     Tompson 

marke 
Abraham   3  Bell 
John   g   Vincent 
Tho:  |— <1  Mitchell 
John  -f-  Walker 
Beniamin  Pawle 
Will  W  Gibbins 
John  Hall 
Richard  Merriman 
Edw  [m  Chipperfield 
Steuen  Metcalfe 
William  Gibbard 


are  autograph  signatures.] 

Ralph  Dayghton 
William  Peckke 
Anthony  Tompson 
Christ.  (C®  Todd 
John  Gibbes 
John  Nash 
Adam  A  NichoUs 
Tho  8  Beamont 
Josua  Atwater 
Thomas  Osborne 
John  Wakeman 
William  W  Davis 
Francis  N  Browne 
Robert  Pigg 
Nath  Merriman 
Roger  Ailing 
Henry  h  Peck 
Marke  Pierce 
Theophilus  Higginson 
Dauid  Atwater 
Mathew  Camfeld 


1639]  NEW   HAVEN   COLONY   RECORDS.  19 

[In  the  handwriting  of  Francis  Newman.] 
FREE   MANS    CHARGE 

[4]  Yow  shall  neither  plott,  practise  nor  consent  to  any  evill 
or  hurt  against  this  Jurisdiction,  or  any  pte  of  it,  or  against 
the  civill  gouerment  here  established.  And  if  you  shall  know 
any  pson,  or  psons  w<=h  intend,  plott,  or  conspire  any  thing  w^h 
tends  to  the  hurt  or  prejudice  of  the  same,  yow  shall  timely 
discouer  the  same  to  lawfull  authority  here  established,  and 
yow  shall  assist  and  bee  helpfull  in  all  the  affaires  of  the  Juris- 
diction, and  by  all  meanes  shall  promove  the  publique  wellfare 
of  the  same,  according  to  yo*"  place,  ability,  and  opptunity,  yow 
shall  give  due  lionno""  to  the  lawfull  magistrats,  and  shall  be 
obedient  and  subject  to  all  the  wholesome  lawes  and  orderes, 
allready  made,  or  w^h  shall  be  hereafter  made,  by  lawfull  au- 
thority afforesaid.  And  that  both  in  yo''  p^on  and  estate :  and 
when  yow  shall  be  ducly  called  to  give  yo""  vote  or  suffrage  in 
any  election,  or  touching  any  other  matter,  w^h  concerneth 
this  common  wealth,  yow  shall  give  it  as  in  yo''  conscience  yow 
shall  judg  may  conduce  to  the  best  good  of  the  same. 


20  NEW   HAVEN   COLONY  RECORDS.  [1639 

[In  the  handwi-iting  of  Thomas  Fugill.] 

[5]  October  25th  1639. 

The  Court  being  settled  according  to  the  foiindamentall 
agreem*  made  the  4*^  day  of  June  1639,  consisting  of  those 
seauen  onely  who  were  in  the  foundaco  of  the  church,  namely 
Mr.  Theoph.  Eaton,  Mr.  John  Davenport,  Mr.  Robt.  Newman 
Mr.  Math  Gibbert,*  Tho.  Fugi[ll],  John  Ponderson,  and 
Jerimy  Dixon,!  after  solemne  prayer  vnto  God  did  pceede  as 
followeth. 

First  all  former  power  or  trust  for  mannaging  any  publique 
aifayres  in  this  plantatio,  into  whose  hands  soeu''  formerly 
comitted,  was  now  abrogated  and  from  henceforeward  vtterly 
to  cease. 

Secondly  all  those  thatt  have  beene  receiued  into  the 
fellowPP  of  this  church  since  the  gathering  of  itt,  or  who 
being  members  of  other  approved  church  esoffered  themselues, 
were  admitted  as  members  of  thia  court.  Namely  Mr.  Na- 
thaniell  Turner,  Will  Andrewes  and  Mr.  Cheeu^s,  members  of 
this  church, Mr.  Sam:  Eaton,  John  Clark,  Leiuetennant  Seely 
John  Chapman,  Thomas  Jeffreyes  and  Rich:  Hull,  members 
of  other  approued  churches. 

And  this  charge  was  giuen  and  accepted  by  them.  If  you 
shall  know  any  person  or  persons  w<=h  intend,  plott,  or  con- 
spire any  thing  w"=h  tends  to  the  hurt  or  prejudice  of  this  Juris- 
diction, or  the  ciuill  gournment  here  settled,  you  shall  fortliw^h 
discouer  itt  to  the  magistrates,  or  to  one  or  more  of  the  Depu- 
ties who  shalbe  chosen  and  intrusted  in  the  publique  occa- 
sions of  the  same,  you  shall  assist  and  be  help  full  therevnto 
wUi  body,  minde  and  goods,  in  any  thing  w^h  may  concerne 
the  safety  or  promove  the  peace  and  welfare  thereof,  as  God 
shall  giue  abillity  and  opportunity.     And  you  shall  be  subject 

*  An  error  in  the  recorder  for  Gilbert. 

t  "  It  appears  that  the  churches  of  New  Haven  and  Milford  were  gathered  to  tlie 
seven  piHars  on  tlie  22d  of  August,  1639.  The  tradition  is  that  soon  after  Mr.  Daven- 
port was  chosen  pastor  of  the  church  at  New  Haven,  and  that  Mr.  Hoolier  and  Mr. 
Stone  came  and  assisted  in  his  installation."  Trumb.  I.  298.  Mather,  (Mag.  B.  iii. 
ch.  6,)  says  that  they  were  gathered  in  two  days,  one  following  upon  the  other,  Mr. 
Davenport's  and  Mr.  Pniddens,  and  alludes  to  the  place  as  being  a  mighty  barn. 


1639]  NEW   HAVEN   COLONY  RECORDS.    .  21 

to  all  lawes  and  orders  w^h  according  to  God  shall  be  made 
by  the  court,  to  the  vttmost  of  yo""  power. 

This  being  done,  the  court  proceeded  to  the  choycc  of  a 
magistrate  and  4  deputye[s]  to  assist  in  the  publique  afifayres 
of  the  plantatio,  Mr.  Davenport  first  opening  2  scriptures  (viz) 
Deut.  1. 13.  and  Exod.  18.  21.  wherein  a  magistrate  according 
to  Gods  minde  is  discriljed.  And  Mr.  Theoph :  Eaton,  a  mem- 
ber of  this  church,  a  man  well  known  and  approved  by  the 
court  as  fittly  quallified  for  thatt  office  according  to  the  said 
discriptio,  was  by  full  consent  chosen  magistrate  for  the 
tearme  of  one  whole  yeare.  And  Mr.  Davenport  gaue  him 
his  charge  grounded  vpon  Deut.  1.  16,  17.  And  Mr.  Robert 
Newman,  Mr.  Mathew  Gilbert,  Mr.  Nathainell  Turner  an(J 
Tho.  Fugill  was  chosen  deputyes  to  assist  the  magistrate  in  all 
courts  called  by  him  for  the  occasions  of  the  plantatio  for  the 
same  tearme  of  one  whole  yeare  a[nd]  receiued  their  charge 
faithfully  to  assist  according  to  the  trust  comitted  to  th[em.] 

Tho.  Fugill  was  chosen  publique  notary,  to  attend  the  court 
and  from  time  to  time  to  ke[ep]  a  faithfull  recorde  of  all  pas- 
sages and  conclusions  of  the  court,  and  of  whatsoeu[er]  else 
then  or  att  other  times  shall  by  the  court  or  magistrate  be 
comitted  to  him  concerning  the  ciuill  publique  occasions  of  the 
Plantation. 

Robt.  Seely  was  chosen  marshall,  his  imploym*  and  charge 
from  time  to  time  to  warne  courts  according  to  the  directio  of 
the  magistrate,  to  serue  and  execute  warrants,  to  attend  the 
court  att  all  times,  and  to  be  ready  and  dilligent  in  his  person 
or  by  his  deputy  to  execute  the  sentences  of  the  court,  and  in 
all  other  occasion  to  attend  the  service  of  the  plantatio  in  all 
things  apptaining  to  his  office. 

Itt  was  further  agreed  thatt  there  should  be  a  renewing  of 
the  choyce  of  all  offi[cers]  euery  yeare  att  a  Generall  Court  to 
be  held  for  this  plantatio  the  last  weeke  in  October  yearely. 
And  thatt  the  worde  of  God  shall  be- the  onely  rule  to  be 
attended  vnto  in  ordering  the  affayres  of  gouernment  in  this 
plantatio. 


22  NEW  HAVEN  COLONY  RECOEDS.  [1639 

[6]  Octob:  26:  1639. 

The  ciuill  affayres  of  the  plantatio  being  settled  as  before, 
by  the  puidence  of  God  an  Indian  called  Messutunck,  alias 
Nepaupuck,  who  had  beene  formerly  accused  to  have  murder- 
ously shed  the  bloode  of  some  of  the  English ;  of  his  owne  ac- 
corde  w^h  a  deer's  head  vpon  his  back  came  to  Mr.  Batons, 
where,  by  warrant  the  marshall  apprehended  and  pinioned 
him,  yett  nottw^hstanding  by  the  subtillty  and  treachery  of 
another  Indian  his  companio,  he  had  allmost  made  an  escape, 
butt  by  the  same  providence  he  was  againe  taken  and  deliu''ed 
into  the  magistrates  power,  and  by  his  order  safely  kept  in  the 
stocks  till  he  might  be  brought  to  a  due  try  all.  And  the  In- 
dian who  had  attempted  his  escape  was  whipped  by  the  mar- 
shall  his  deputy. 


OCTO:  28:  1639. 

The  Quillipieck  Indian  Sagamour  w^h  diu^s  of  his  Indians 
w*h  him  were  examined  before  the  the  magistrate  and  the 
deputyes  for  this  plantatio  concerning  Nepaupuck.  They 
generally  accused  him  to  haue  murdered  one  or  more  of  the 
Eno-lish,  and  thatt  he  had  cutt  of  some  of  their  hands  &,  had 
presented  them  to  vSassacuse  the  Pequott  sachem,  boasting 
thatt  he  had  killed  them  w^h  his  owne  hands. 

Mewhebato  a  Quillipieck  Indian,  kinsman  to  the  aforesaid 
Nepaupuck,  comeing  att  the  same  time  to  interceed  for  him, 
was  examined  whatt  he  knew  concerning  the  murders  charged 
vpon  the  said  Nepaupuck ;  att  first  he  pretended  ignorance, 
butt  wUi  a  distracted  countenance,  and  in  a  trembling  manner; 
being  admonished  to  speake  the  truth  he  did  acknowledge  him 
guilty  according  to  the  charge  the  other  Indians  had  before 
made. 

All  the  other  Indians  w^hdrawing,  Nepaupuck  was  brought 
in  and  examined,  he  confessed  that  Nepaupuck  was  guilty  ac- 
cording to  the  tennure  of  the  form'"  charge,  butt  denyed  thatt 
he  was  Nepaupuck.  Mewhebato  being  brought  in,  after  some 
signes  of  sorrow,  charged  him  to  his  face  thatt  he  had  assisted 
the  Pequotts  in  murdering  the  English,  this  some  whatt  abated 


1639]  NEW  HAVEN  COLONY  RECORDS.  ^ 

his  speritt  and  boldenesse ;  butt  Wattoone  the  soiiiie  of  Carra- 
hoode  a  councello''  to  the  Quillipieck  Indian  sagamour  come- 
ing  in,  charged  him  more  perticularly  thatt  he  had  killed 
Abraham  Finch  an  English  man  att  Weathersfield  and  thatt 
he  himselfe,  the  said  Wattoone,  stood  vpon  the  island  att 
Weathersfield  and  beheld  him  the  said  Nepanpuck  now  pres- 
ent acting  the  said  murder. 

Lastly  the  Quillipieck  sagamc  and  the  rest  of  the  Indians 
being  called  in,  to  his  face  affirmed  thatt  he  was  Nepaupuck, 
and  thatt  he  had  murdered  one  or  more  of  the  English  as 
before. 

Nepaupuck  being  by  the  concurrence  of  testimony  con- 
vinced, he  confessed  he  was  the  man  namely  Nepaupuck,  and 
boasted  he  was  a  great  captaine,  had  murdered  Abraham 
Finch,  and  had  his  hands  in  other  English  blood,  he  said  he 
knew  he  must  dye,  and  was  nott  afraid  of  itt,  butt  layd  his 
neck  to  the  matletree  of  the  chimney,  desireing  thatt  his  head 
might  be  cutt  of,  or  thatt  he  might  dye  in  any  other  manner 
the  English  should  appoynt,  onely  he  said  fire  was  God,  and 
God  was  angry  w^h  him,  therefore  he  would  nott  fall  into  his 
hands.  After  this  he  was  retourned  to  the  stocks  and  as 
before  a  watch  appoynted  for  his  safe  custody. 


A  Generall  Court  29 :  of  Octob  :  1639 : 

A  Generall  Court  being  assembled  to  proceed  against  the 
said  Indian  Nepaupuck  who  was  then  brought  to  the  barre, 
and  being  examined  as  before,  att  the  first  he  denyed  thatt  he 
was  thatt  Nepaupuck  w^h  had  comitted  those  murders 
wherew'h  he  was  charged,  butt  when  he  see  that  the  Quilli- 
peck  Sagamour  and  his  Indians  did  againe  accuse  him  to  his 
face,  he  confessed  thatt  he  had  his  hand  in  the  murder  of  Abra- 
ham Finch,  butt  yett  he  said  there  was  a  Mohauke  of  thatt 
name  thatt  had  killed  more  then  hee. 

Wattoone  affirmed  to  his  face  thatt  he,  the  said  Nepaupuck, 
did  nott  onely  kill  Abraham  Finch,  butt  was  one  of  them  thatt 
killed  the  3  men  in  the  boate  or  shallop  on  Connectecutt  riuer, 


24  NEW   HAVEN   COLONY  RECOEDS.  [1639 

and  thatt  there  was  but  one  Nepaupuck  and  this  was  he,  and 
the  same  thatt  tooke  a  childe  of  Mr.  Swaines  att  Weathersfield. 
Then  the  said  Nepaupuck  being  asked,  if  he  would  nott  confess 
yt  he  deserved  to  dye,  he  answered,  it  is  weregin. 

The  Court  haue  had  such  pregnant  proofe,  proceeded  to 
pass  sentence  vpon  him  according  to  the  nature  of  the  fact 
and  the  rule  in  thatt  case,  he  thatt  sheds  mans  blood,  by  man 
shall  his  blood  be  shed,  accordingly  his  head  was  cutt  off  the 
next  day  and  pittched  vpon  a  pole  in  the  markett  place. 


[7]        A  Court  holden  the  3'^  of  Nouember  1639. 

Thomas  Kimberley  was  admitted  member  of  the  court  and 
recived  his  charge. 

Itt  is  ordered  that  Mr.  Samuell  Eaton,  Captaine  Turner,  Rob* 
Newman  and  Thomas  Fugill  shall  treate  w^h  the  Hartforde- 
shire  men  about  their  lotts,  to  see  if  they  will  part  wUi  them 
and  vpon  what  tearmes. 

Itt  is  ordered  thatt  gates  shalbe  made  att  the  end  of  every 
streete  att  the  outside  of  the  Towne,  w'h  all  the  outside  fences. 
Mr.  Eaton  shall  appoynt  the  men  to  doe  itt. 

Itt  is  ordered  thatt  Mr.  Hopkins  shall  have  two  hogsheads 
of  lime  for  his  present  vse,  and  as  much  more  as  will  finnish 
his  house  as  he  now  intends  itt,  he  thinking  that  two  hogs- 
heads more  will  serve. 

Itt  is  ordered  that  Mr.  Gilbert  and  Goodman  Andrewes  shall 
veiwe  the  crfieke  by  the  landing  place,  to  see  if  lotts  may  be 
layd  out  there  w^hout  prejudice  to  y^  towne. 

Itt  is  ordered  thatt  Mr.  Eaton,  Mr.  Sam :  Eaton,  Captaine 
Turner,  Rob^  Newma,  Mathew  Gilbert,  Thomas  Fugill  and 
Goodman  Andwewes  shall  advise  together  about  laying  out 
allottments  for  inherritance. 

Itt  is  ordered  thatt  Mr.  James  shall  have  Francis  Parrotts 
lott. 

Thomas  Badger  being  accused  vpon  suspitio  of  stealing 
mony  fro  Edward  Cox,  boatswaine  of  the  Exeto""  marchant, 
was  referred  to  further  proofe. 


1639]  NEW   HAVEN   COLONY  RECORDS.  25 

A  GENrii  Court  the  25  of  Nouember  1639. 

Itt  is  ordered  that  after  this  day  no  man  shall  cutt  any  tim- 
ber downe  l)utt  where  he  shall  be  assigned  by  the  magistrate, 
except  on  his  owne  ground. 

Itt  is  ordered  thatt  Leivetennant  Seeley  and  Goodm  An- 
dwewes  shall  walke  the  woods,  and  if  they  finde  any  timber 
lyeing  in  the  woods  vncroscutt  and  squared,  and  acquaint  the 
magistrate  therewUi,  they  shall  have  liberty  to  seiz  vpon  it, 
lialfe  for  themselves,  and  halfe  for  the  towne,  the  Yorkshire 
mens  timber  onely  excepted  :  that  timber  w^h  is  squared  and 
crosscutt,  time  is  given  till  the  last  of  March  next  to  fetch  it 
home. 

Itt  is  ordered  that  a  meeting  house  shall  be  built  forthw^h, 
fifty  foote  square,  and  that  the  carpenters  shall  fall  timber 
where  they  can  finde  it  till  allotm^^  be  layd  out  and  men 
know  their  owne  propriety es. 

Itt  is  ordered  that  Mr.  Gregson  &  Mr.  Evance  shall  have 
fower  dayes  liberty  after  this  day  to  square  their  timber  before 
the  former  order  take  holde  of  them. 

Whereas  the  Imilding  of  the  meeting  house  will  cost  500' 
w^h  will  require  a  rate  of  30^  in  every  hundred  pounds,  itt  is 
therefore  ordered  thatt  the  said  rate  shall  be  estreeted  and 
payd  att  3  severall  payments  (viz.)  the  first  forthwith,  the  sec- 
ond in  March  next,  and  the  third  in  May  next  after,  and  avUi 
this  every  one  that  are  behinde  with  the  form''  rate  of  25^  vpon 
every  hundred  i  are  now  to  pay  itt  allso. 

Itt  is  ordered  thatt  Mr.  Eaton,  Mr.  Davenport,  Rob^  New- 
man, Mathew  Gilbert,  Captaine  Turner  and  Thomas  Fiigill 
shall  from  hence  forward  have  the  disposeing  of  all  the  house 
lotts  yett  vndisposed  of  about  this  towne,  to  such  persons  as 
they  shall  judge  meete  for  the  good  of  the  plantatio,  and  thatt 
none  shall  come  to  dwell  as  planters  here  w'hout  their  consent 
and  allowance,  whether  they  come  in  by  purchase  or  other- 
wise. 

Itt  is  ordered  thatt  every  one  that  beares  armes  shall  be 
compleatly  furnished  wUi  armes  (viz),  a  muskett,  a  sworde, 
bandaleers,  a  rest,  a  pound  of  powder,  20  bullets  fitted  to 
4 


26  NEW    HAVEN    COLONY   RECORDS.  [1639 

their  muskett,  or  4  pound  of  pistol!  shott  or  swan  shott  att 
least,  and  be  ready  to  show  them  in  the  markett  place  vpon 
Munday  the  16*^  of  this  Moneth  before  Captaine  Turner  and 
Leivtennant  Seely  vnder  the  penalty  20^  fine  for  eu^y  default 
or  absen[ce]. 

[8]  A  Court  holden  4th  of  December 

1639. 

Itt  is  ordered  that  Thomas  Saule  sliall  agree  w^h  Goodma 
Spinnage  before  the  next  court,  or  else  the  court  will  deter- 
mine the  difference  betweene  them. 

Roger  Duhurst  and  James  Stewart  are  injoined  to  make 
double  restitutio  to  John  Cockerill  for  five  pound  and  seaven- 
teene  shillings  wh  they  stole  out  of  his  chist  on  the  Lords  day 
in  the  meeting  time,  and  they  being  servants  to  the  said  Cock- 
erell,  for  w'^h  aggrava)tio  they  were  whipped  allso. 

Thomas  Manchester,  servant  to  Mr.  Perry  being  accused  by 
his  Ma""  for  being  druncke,  and  for  giveing  his  Ma""  vncomely 
language  for  w^h  his  Ma''  having  given  him  some  correctio, 
the  court  (onely)  caused  him  to  be  sett  in  the  stocks  for  a 
certaine  time. 

Nicholas  Tanner,  servant  to  the  said  Mr.  Perry,  for  drunken- 
nes  and  abuseing  his  Ma""  in  wordes,  was  whipped. 


A  Generall  Court  the  4*'^  of  Jan; 
1639. 

Itt  is  agreed  by  the  towne  and  accordingly  ordered  by  the 
court  thatt  the  Neck  shall  be  planted  or  sowen  for  the  tearme 
of  seaven  yeares,  and  that  John  Brockett  shall  goe  about  lay- 
ing it  out  forthw^h,  and  all  differences  betwixt  pty  and  pty 
aboute  ground  formerly  broke  vp  and  planted  by  English  there 
shall.be  arbitrated  by  indifferent  men  w«=h  shall  be  chosen  to 
that  end. 

Itt  is  ordered  thatt  Mr.  Davenports  quarter,  Mr.  Batons, 
Mr.  Newmans  and  Mr  Tenches  quarters  shall  have  their  first 


1639]  NEW    HAVEN    COLONY   RECOEDS.  27 

divisio  of  upland  to  begin  att  the  sea  side  after  the  small  lotts 
are  layd  out,  and  so  goe  on  to  the  cow  pasture,  and  to  have 
their  nieaddow  in  the  east  meaddowes.  And  Mr.  Evance 
quarter,  Mr.  Fowlers,  Mr.  Gregsons,  Mr.  Lambertons  and  the 
subburbs,  are  to  begin  w'h  their  lands  att  the  oyster  poynt, 
and  so  come  on  to  the  oxe  pasture  in  order,  and  to  have  their 
meaddow  in  the  west  meadowes,  in  the  meadowes  called  Mr. 
Malbon  meadow,  on  the  Indian  side,  and  in  the  soUitary  cove. 
Allso  that  the  cow  pasture  shall  begin  on  the  hither  side  of 
the  Beever  ponds,  and  the  oxe  pasture  on  the  farre  side  of  the 
Bever  pond,  and  the  way  to  them  Ijoth  to  begin  att  Mr.  Ten- 
ches corner. 

Itt  is  ordered  thatt  no  planter  or  planters  shall  make  pur- 
chase of  any  lands  or  plantatio  fro  the  In'lians  or  others  for 
their  owne  private  vse  or  advantage,  butt  in  the  name  &  for 
the  vse  of  the  whole  plantatio. 

Itt  is  ordered  that  some  speedy  course  shall  be  taken  to 
keepe  hogs  out  of  the  neck. 

It  is  ordered  thatt  a  convenient  way  to  the  hay  place  be  left 
como  for  all  the  towne. 

Itt  is  ordered  thatt  no  cattell  belonging  to  this  towne  shall 
goe  wUiout  a  keeper  after  the  first  of  May  next. 

Itt  is  ordered  thatt  those  thatt  kill  wolves  and  foxes  shall 
have  for  every  wolfe  head  IS^  and  for  every  foxe  head  2^  6^, 
and  if  any  by  setting  guns  or  traps  shall  hap  to  kill  any  hogs 
or  other  cattell,  the  towne  is  to  beare  the  damage  till  some 
other  course  be  determined. 

Memorand.  Itt  is  agreed  that  Mr.  Evance  quarter  shall 
have  their  meadow  in  the  East  meadowes. 

Itt  was  agreed  that  every  planter  in  the  towne  shall  have  a 
proportio  of  land  according  to  the  proportio  of  estate  W^h  he 
hath  given  in,  and  number  of  heads  in  his  famyly,  (viz)  in  the 
first  divisio  of  upland  &  meadow  5  acres  for  every  hundred 
pound,  [an]d  5  acres  for  every  two  heads,  of  upland,  butt 
halfe  an  acre  of  meadow  to  a  head  [and]  in  the  necke  ah  acre 
to  every  hundred  pound,  and  halfe  an  acre  to  every  head. 


/ 

1/ 


28  NEW  HAVEN  COLONY  RECORDS.  [1639 

[9]      A  Court  holden  the  5^^  of  Febr. 

1639. 

Itt  is  ordered  by  the  court,  thatt  Mr.  Malbon  and  John 
Reader,  and  whosoever  else  hath  any  thing  to  doe  w^h  the  estate 
of  William  Thorpe,  late  deceased,  shall  appeare  att  the  next 
court  for  the  settleing  of  thatt  busines. 

Itt  is  ordered  thatt  brother  Turner  shall  see  a  true  inven- 
tory taken  of  M^^  Higginsons*  goods,  thatt  itt  may  be  given 
into  the  court  upon  oath. 

Itt  is  ordered  thatt  Thomas  Saule  shall  pay  5^  in  the  weeke 
to  Mr.  Evance,  to  lye  in  his  hands  (for  the  securing  of  Good- 
man Spillage  in  respect  of  his  clame  to  the  said  Tho:  Saule) 
and  thereupon  Mr.  Evance  doth  hereby  ingage  himselfe  for  the 
said  mony  vntill  the  said  Thomas  Saule  shall  neglect  to  pay 
the  said  mony  according  to  ord' . 

Itt  is  ordered  thatt  brother  Andrewes,  bro :  Kimberley, 
William  Eves  and  Sergeant  Beckley  shall  assist  Mr.  Ling  to 
ripen  Goodman  Taps  busines  against  the  next  court,  concern- 
ing his  demaund  of  certaine  monyes  w*=h  he  disbursed  for 
bringing  cattell  from  the  Bay,  appertayning  to  divers  persons. 

Itt  is  ordered  that  bro  :  Andrewes  shall  detaine  somuch  of 
Robt  Campian  his  wages  in  his  hands  as  may  secure  a  debt  of 
3'  W^h  Mr.  Mouleno''  demaunds  of  the  said  Robt. 

Itt  is  ordered  thatt  Mr.  Mouleno'"  shall  pay  to  Mr.  Perry  10« 
w^h  he  owes  to  him. 

Itt  is  ordered  thatt  Mr.  Wilks  shall  pay  5  Ijushells  and  a  halfe 
of  Indian  corne  to  Thomas  Buckingham  for  corne  destroyed 
by  Mr.  Wilks  his  hogs. 

Isaiah,  Captaine  Turners  man,  fined  5^  for  being  druncke  on 
the  Lords  day. 

William  Bromfield,  Mr.  Malbons  man,  Avas  sett  in  the  stocks 
for  prophaining  the  Lords  day  and  stealing  wine  from  his  Ma"" 
w^h  he  drunk  and  gave  to  others. 

EIUqc,  Mr.  Batons  boy,  was  whipped  for  stealing  a  sow  and 
a  goate  fro  his  Ma^  and  selling  them. 

David  Anderson  was  whipped  for  being  drunke. 


*  Widow  of  Rev.  Francis  Higgiuson.  For  an  account  of  his  life  see  Mather,  Mag.  iii, 
p.  12,  ch.  1,  and  Gen.  Reg.  6, 105.  She  may  have  been  a  relative,  perhaps  sister,  of 
Governor  Eaton. 


1639]  NEW   HAVEN    COLONY   RECORDS.  29 

John  Jenner  accused  for  being  drunke  w%  strong  waters  was - 
acquitted,  itt  appearing  to  be  of  infirmyty  &  occasioned  by  the 
extremyty  of  the  colde. 

Mr.  Mouleno^  accused  of  being  drunke,  butt  nott  clearely 
proved,  was  respited. 

Peter  Browne  licenced  to  bake  to  sell,  so  long  as  he  gives  no 
offence  in  itt  justly. 


A  Generall  Court  the  18  of  Feb: 
1639. 

Mr.  Gregson  and  John  Mosse  were  admitted  members  of  the 
court. 

John  Charles  was  forbiden  to  draw  wine  because  there  hath 
beene  much  disorder  by  itt. 

Goodman  Loue  was  whipped  and  sent  out  of  the  plantatio, 
being  nott  onely  a  disorderly  person  himselfe,  butt  an  incour- 
ager  of  others  to  disorderly  drinking  meetings. 

George  Spencer  being  prophaine  and  disorderly  in  his  whole 
conversatio  and  an  abettor  of  others  to  sin,  and  drawing  on 
others  into  a  conspericie  to  carry  away  the  Cock*  to  Virgenia 
was  whipped  and  sent  out  of  the  plantatio. 

John  Proute,  Hen :  Brasier  and  Will  Bromfield  was  whip- 
ped for  joyning  in  the  aforesaid  conspericie,  and  the  said  Hen  : 
and  William  were  ordered  to  weare  irons  dureing  the  magis- 
trats  pleasure. 


[10]  25th  OF  Feb:  1639. 

Mrs.  Higgingson,  late  planter  of  Quillipieck  dyeing  w^hout 
makeing  her  will,  &  leaveing  bchinde  her  eight  children,  an 
inventory  of  her  estate  being  taken,  the  court  disposed  of  her 
estate  and  children  as  followeth  w^h  the  consent  and  approba- 
tio  of  Mr.  John  Higginson  her  eldest  sonne.f 

*  The  name  of  a  small  vessel. 

t  Rev.  John  Higginson  was  bora  in  England  Aug.  6,  1616.  Some  time  after  the 
death  of  his  father  with  whom  he  came  to  this  country  m  1629,  he  was  the  instructor 
of  a  school  at  Hartford,  his  mother  with  six  of  her  children  being  somewhat  depend- 
ent upon  his  exertions  for  her  support ;  after  this  he  was  chaplain  at  Saybrook  fort 


30  NEW   HAVEN   COLONY   RECORDS.  [1639 

The  said  John  Higginson,  the  charges  of  his  educatio  con- 
sidered, is  onely  to  have  his  fathers  books,  together  w^h  the 
value  of  51  in  bedding  for  his  porco. 

Francis  Higginson  the  second  sonne  and  Tymothy  the  third 
Sonne,  their  educatio  allso  considered,  are  to  have  each  of  them 
twenty  pounds  for  their  portions. 

Theophihis  Higginson  though  well  educated,  yett  in  regard 
of  his  helpfullncs  to  his  mother  and  her  estate,  is  to  have  forty 
pounds  for  his  portio. 

Samuell  Higginson  is  allso  to  have  40^  for  his  portio,  and  to 
be  wUi  Mr.  Eaton  as  his  servant  for  the  full  tearme  of  2  yeares 
from  the  first  of  March  next  ensueing. 

Theophilus  and  Samuell  are  to  have  the  lott  w^h  all  the 
accommodation  belonging  therevnto,  equally  to  be  devided 
betwixt  the,  for  fifty  pounds  of  their  portion 

Anne  Higginson  her  daughter,  is  to  have  forty  pounds  for 
her  portio  and  her  mothers  olde  clothes,  together  w'^h  the 
remainder  of  the  estate  when  the  debts  and  other  portions  are 
payd. 

Charles  Higginson  is  to  have  40'  to  his  portio,  and  to  be  w^h 
Thomas  Fugill  as  his  apprentice  vnto  the  full  end  and  tearme 
of  nine  yeares  from  the  first  of  March  next  ensueing  the  date 
hereof.  And  the  said  Tho  :  Fugill  is  to  finde  him  what  is  con- 
venient for  him  as  a  servant,  and  to  keepe  him  att  schoole  one 
yeare,  or  else  to  advantage  him  as  much  in  his  educatio  as  a 
years  learning  comes  to,  and  he  is  to  have  the  benifitt  of  the 
vse  of  his  portio  till  the  said  tearme  be  expired,  and  att  the 
end  thereof  to  pay  itt  to  the  said  Charles  Higginson,  if  he  live 
till  the  said  nine  years  be  expired,  butt  if  he  dye  before,  then 
the  said  Thomas  Fugill  is  to  pay  the  said  portio  to  the  rest  of 
his  brothers  thatt  are  alive  att  the  end  of  the  said  nine  yeares. 

Neophitus  Higginson  being  wUi  Mr.  Hoffe  in  the  Bay  of 
Mattacusetts,  is  to  remaine  v^^h  him  and  to  be  brought  vp  by 
him  till  he  attayne  the  full  age  of  21  yeares,  and  in  the  meane 
time,  Mr.  Hough  is  to  have  40^  of  the  estate,  W^h  he  is  to  pay 

several  years.  In  1641  he  went  to  Guilford  and  became  assistant  to  Mr.  Whitfield 
whose  daughter  he  man-ied.  He  was  chosen  one  of  the  seven  pillars  there  in  1643. 
He  left  Guilford  in  1659,    Allen,  etc. 


1640]  NEW   HAVEN   COLONY   RECOEDS.  31 

to  the  said  Neofatus    att  the  end  of  the  said   tearme  as  his 
portio. 

When  the  farme  att  Sawgus  is  sould  itt  is  to  be  equally 
devided  among  the  brothers. 


Att  a  Court  held  the  S^h  of  March  1639 : 

Whereas  a  will  was  made  by  Nathaniell  Axtell  the  27'^i'  of 
Jan :  1639*,  before  his  goeing  into  olde  England,  and  left  in 
the  hands  of  Goodman  Miles  for  the  disposeing  of  his  estate 
w^h  he  left  allso  in  the  hands  of  the  said  Richard  Miles,  and 
he  being  now  departed  this  life,  It  is  ordered  by  the  court 
thatt  a  true  inventory  of  all  his  goods  in  this  place  be  taken 
by  Captaine  Turner  and  Goodma  Miles,  till  further  course  be 
taken  about  them. 

Itt  was  ordered  that  Mr.  Gregson  and  Mr.  Gilbert  should 
prize  the  goods  of  George  Spencer. 

Itt  was  ordered  that  Mr.  Johnson  shall  have  the  cellar  that 
Thomas  Welch  lived  in  to  make  a  warehouse  off,  onely  to  lay 
goods  in  itt  while  he  hath  neede  of  itt  for  that  vse,  and  then 
liberty  to  sell  itt  (as  itt  shall  be  judged),  to  some  planter  w'h 
the  consent  of  the  court  not  claymeing  any  propriety  in  the 
ground  as  inherritance. 

Mr.  Lambertons  man.  Hen.  Brasier,  was  freed  fro  his  chaines 
fro  hence  forward.  Will  Bromfield  and  Tho :  Manchesf  are 
to  weare  theirs  a  weeke  longer. 


[11]         A  Court  holden  the  3<'  of  Aprill  1640. 

Itt  is  ordered  thatt  Mr.  Fowler,  John  Cockerill  and  Leive- 
tenant  Seeley  shall  prize  the  goods  of  Tho  :  Ashby  and  Tho : 
Johnson  who  were  lately  drowned. 

Itt  is  ordered  that  John  Reader  in  whose  hands  William 
Thorps  goods  was  left,  shall  have  them  forth  comeing  so  as  to 


*  The  will  is  not  preserved,  but  Dr.  Bacon  perhaps  overlooked  this  record  when  he 
conjectured  Edward  Tench's  will  to  have  been  the  first  made  in  New  Haven.  Hist. 
Disc.  327. 


32  NEW  HAVEN  COLONY  RECORDS.         [1640 

give  a  good  accoumpt  of  them  att  the  next  court,  or  when 
he  shall  be  called,  thatt  those  to  whom  he  was  ingagedmay  be 
satisfied. 

Itt  is  ordered  thatt  brother  Andre  Vv^es  and  brother  Mounson 
shall  veiw  the  grounds  of  difference  betwixt  Mr.  Malbon  and 
Thomas  Mouleno''  the  elder,  and  acquaint  Mr.  Turner,  Mr. 
Gilbert,  Mr.  Lamberton  and  Thomas  Fugill  w^h  the  same,  who 
are  desired  to  end  the  same  if  they  can,  or  else  to  certyfye 
where  the  impediment  lyes. 

Itt  is  ordered  thatt  Mr.  Malbon  and  Goodman  Potter  shall 
equally  share  in  the  losse  of  24^  due  vnto  them  fro  George 
Spencer,  because  there  is  not  sufficient  to  satisfy  them  both  to 
the  full. 

Itt  is  ordered  that  Arther  Halbidge  shall  pay  40^  fine  for 
falling  trees  and  selling  clapboard,  contrary  to  the  orders  in 
that  case. 

Itt  is  ordered  thatt  the  mony  left  (in  the  hands  of  Mr. 
Browning)  by  John  Dyer,  shall  be  reserved  to  secure  a  debtt 
and  satisfie  the  demands  of  bro :  Andrewes. 

Itt  is  ordered  thatt  the  gates  att  the  ends  of  the  neck  bridge, 
and  the  way  to  itt  be  made  convenient  forthw^h. 

Itt  is  ordered  thatt  John  Mosse,  Tymothy  Forde  and  Richard 
Beach  shall  pay  each  of  them  1«  fine  for  trees  w^h  they  did 
fall  disorderly. 

Hen :  Akerlye  was  rebuked  for  building  a  cellar  and  selling 
itt  w^hout  leave. 

Itt  is  ordered  that  all  the  trained  band  shalbe  in  the  mar- 
kett  place  the  S^  day  next  weeke  by  7  a  clock  in  the  morning 
w^h  their  armes  compleat. 


A  Court  holden  the  6*  of  May  1640. 

Itt  was  ordered  thatt  Mr.  Fowler  and  John  Cockerill  shall 
have-  the  goods  of  the  2  men  thatt  was  drowned,  to  satisfie 
their  debt  so  far  as  itt  will  goe  ;  pvided,  thatt  if  any  other 
shall  lay  just  clame  to  the  said  goods,  then  they  are  to  be 


1640]  NEW   HAVEN   COLONY  RECORDS.  33 

equally  devided  among  the  credeto''^  according  to  their  pro- 
portio. 

Itt  is  ordered  thatt  a  measurer  shall  be  appoynted  to  meas- 
ure all  the  corne  thatt  comes  into  the  plantatio  to  be  solde, 
and  for  that  end  a  role  shall  be  made  to  strike  the  bushcll  wUi. 

Liberty  granted  to  Mr.  Gregson,  bro:  Andrewes  andGoodm 
Warde  to  lett  their  timber  lye  in  the  woods  for  the  space  of  2 
moneths  w^hout  forfeiture. 

An  account  deliu''cd  into  the  court  by  Mr.  Lamberton  be- 
twixt himselfe  and  Goodm  Spencer  whom  he  imployed  as  his 
steward  att  sea  in  his  voyage  hither,  for  w<^h  service  he  allows 
him  5'  10^  for  the  whole  voyage,  butt  whereas  he  dyed  before 
he  had  served  halfe  the  voyage,  he  desired  that  Roger  Allen 
who  suc-ceeded  him  should  have  the  one  halfe  of  the  hyer, 
and  promised  that  if  more  wages  were  ordenaryly  allowed  in 
that  place  for  thatt  voyage,  he  will  allow  as  much  to  the  said 
Goodma  Spencer,  and  w^hall  that  he  will  l)e  ready  att  any 
time  to  make  oath  of  the  truth  of  that  account  w*^h  he  had 
given  in,  w'h  w^h  Mr.  Fowler,  and  Goodma  Tapps  were  satis- 
fied, (who  were  intrusted  for  the  child  of  the  said  Spencer  late 
desceased.) 


[12]  A  Court  holden  the  third  of  June  1610. 

Gen^h. 

All  the  MaJ's  of  the  watches  received  their  charge  and 
orders  as  folio weth, 

1.  The  drumm"^  is  to  beat  the  drum  att  the  goeing  downe 
of  the  sunne. 

2  The  Ma""  of  the  watch  is  to  be  att  the  court  of  guarde 
wf^hin  halfe  an  hower  after  the  setting  of  the  sun  w'h  his 
armes  compleate. 

3  All  the  watchmen  are  to  be  there  w^hin  an  hower  after 
the  setting  of  the  sun,  w'^h  their  armes  compleate,  and  their 
guns  ready  charged,  and  if  any  of  them  come  after  the  time 
appoynted,  or  be  defective  in  their  armes,  they  are  to  pay  1^ 
fine,  for  totall  absence  5^  fine.  And  if  the  Ma^  of  the  watch 
transgresse,  either  in  late  comeing,  defectivenes  in  armes  or 

5 


34  NEW   HAVEN   COLONY  RECORDS.  [1640 

totall  absence,  his  fine  is  to  be  double  to  the  watchmens 
fine  in  like  case. 

4  The  Mr  of  the  watch  is  to  sett  the  watch  an  hower  after 
sunsett,  devideing  the  night  into  3  watches,  sending  forth  two 
and  two  together  to  walke  their  turnes,  as  well  w^hout  the 
towne  as  w'^hin  the  towne  and  the  snbvrbs  allso,  and  to  bring 
to  the  court  of  guard  any  person  or  persons  whom  they  shall 
finde  disorderly  or  in  a  suspitious  manner  w^hin  dores  or  w^lr 
out,  w'her  English  or  or  Indians,  or  any  other  straingcrs  what- 
soeu""  and  keepe  them  there  safe  untill  the  morning,  and  then 
bring  them  before  one  of  the  magistrates. 

If  the  watchmen  in  any  part  of  their  watch  see  any  appar- 
ent comon  danger  w^h  they  cannott  otherwise  prevent  or  stop, 
then  they  are  to  make  an  alaru  by  discharging  their  two  guns 
w^h  are  to  be  answered  by  him  thatt  stands  att  the  dore  to 
keepe  sentinell,  and  that  allso  seconded  by  beating  of  the  dru. 
And  if  the  danger  be  by  fire,  then  with  the  alarCi  the  watchm 
are  to  cry  fire,  fire.  And  if  itt  be  by  the  discovery  of  an 
enemy,  then  they  are  to  cry  arme,  arme,  all  the  towne  ou^ 
yett  so  as  to  leave  a  guard  att  the  court  of  guard. 

5.  The  Ma''  is  to  take  care  that  one  man  alwayes  stand  sen- 
tinell in  a  sentinell  posture  w'houtthe  watch  house  to  hearken 
dilligently  after  the  watchmen,  and  see  that  no  man  come 
neare  the  watch  house  or  court  of  guarde ;  no,  not  those  of  the 
p^sent  watch  who  have  beene  walking  the  round,  but  that  he 
require  them  to  stand  and  call  forth  the  Ma^"  of  the  watch  to 
questio,  proceed  or  receive  them  as  he  shall  see  cause.  The 
Ma""  of  the  watch  is  allso  to  see  that  none  of  the  watchmen 
sleepe  att  all,  and  thatt  none  of  their  guns  remaine  vncharged 
till  the  watch  breake  up  (and  then  they  may  discharge),  and 
allso  that  no  man  lay  aside  his  armes  while  the  watch  con- 
tinues. 

6.  Every  M^  of  the  watch  in  his  course,  is  to  warne  both 
his  owne  watch  and  the  M""  of  the  succeeding  watch,  fewer  and 
twenty  hower s  before  they  are  to  watch,  and  not  to  doe  itt 
sleightly,  butt  either  to  warne  the  psons  themselves,  or  to 
leave  the  warning  w'h  some  sufficient  for  such  a  trust. 

Lastly,  if  any  Ma>"  of  the  watch  shall  faile  either  in  the 


1640]  NEW    HAVEN    COLONY   RECORDS.  35 

warning  or  ordering  of  tlie  watch  in  any  of  the  forenamed 
pticulars,  or  shall  breake  vp  the  watch  in  the  morning  before 
itt  have  beene  full  halfe  an  hower  day  light,  or  neglect  to  com- 
plaine  to  one  of  the  magistrates  of  the  neglects  or  defects  of 
any  of  the  watchmen,  he  is  to  be  fined  by  the  court  according 
to  the  quallity  of  his  offence. 

Edward  Bannister,  for  his  contempt  of  the  court,  and  therein 
the  ordinance  of  God,  was  fined  twenty  shillings. 

Edward  Woodcliff  for  slaundering  his  Ma'"s  wife  was  whipped 
seveerly  and  sent  out  of  the  plantatio,  being  a  pestilent  fellow, 
and  a  corrupter  of  others. 

Nathaniell  Axtell  his  will,  and  inventory  of  his  goods  deliu- 
ered  into  the  court. 


[13]     A  Generall  Court  helde  the  llti»  of  June  1640. 

Mr.  James,  Adam  Nicholls,  Abraham  Bell,  Francis  New- 
man, Andrew  Low  and  Thomas  Mounson  was  made  freemen, 
and  admitted  members  of  the  court,  and  accepted  the  charge 
of  freemen. 

Itt  was  ordered  thatt  comodityes  well  bought  in  England 
for  ready  mony,  shall  nott  l)e  soldo  here  above  3'^  in  the  shil- 
ling for  proffitt  and  adventure  aljove  what  they  cost  w^i 
charges,  when  soldo  by  retayle,  when  solde  by  the  peece  or 
vessell  by  wholesaile,  lesse  proffitt  may  suffize. 

When  bought  from  ships  or  other  vessells  here,  not  above 
gob*  {yi  the  shilling  by  retale,  nor  aljove  a  peny  in  the  shilling 
by  wholesaile.  Butt  comodityes  of  a  perishing  na"",  subject  to 
waste  and  damage,  fall  not  vnder  the  former  rates,  yet  the 
rates  to  be  so  ordered  that  neither  buyer  nor  seller  suffer  in 
the  rates. 

Comodityes  bought  and  lirought  fro  the  Bay,  Connectecutt, 
Virgenia  or  other  places,  to  be  in  proper tio  moderated  in  the 
prises,  according  to  the  adventures  and  nature  of  the  com- 
odityes. 

*  "  Obolus  is  now  usvially  taken  to  signify  our  half  penny ;  but  in  old  time  it  signi- 
fied the  half  noble;  the  noble  was  then  called  penny,  and  its  quarter  a  farthing." 
Railey's  Diet. 


S6  NEW   HAVEN   COLONY  RECORDS.  [1640 

In  callings  w^h  require  skill  and  strength,  as  carpenters, 
joyners,  plasterers,  bricklayers,  sliipcarpenters,  coopers  and 
the  like,  ma'"  workemen  not  to  take  above  2^  G^'  a  day  in  sum'", 
in  w^h  men  may  worke  12  howers,  butt  lesse  then  10  howers 
dilligently  improved  in  worke  cannot  be  accounted  nor  may 
be  admitted  for  a  full  dayes  worke,  nor  in  winter  above  2^  a 
day,  in  w^h  att  least  8  howers  to  be  dilligently  improved  in 
worke.  And  by  advice  of  approved  m'"  workemen  the  names 
of  others  who  in  their  severall  trades  are  to  be  allowed  for  m'" 
workemen  are  to  be  sett  downe.  Butt  all  workemen  in  the 
former  and  like  trades,  who  are  not  as  yet  allowed  to  passe 
vnder  the  names  of  ma'"  workemen,  not  to  take  above  2s  a  day 
in  sum""  and  20*^  a  day  in  winter,  they  improveing  their  time 
in  worke  both  in  sum'"  and  winter  as  above  expressed. 

Planters  and  labo'"ers,  experienced  and  dilligent  in  their 
way,  not  to  take  above  2^  a  day  in  sum'",  and  not  above  IS^i  in 
winter  improveing  their  time  as  above,  and  others  in  propor- 
tid,  as  they  may  deserve,  and  boyes  to  have  wages  in  sum'"  and 
winter  in  seurall  imploymt*  according  to  the  service  they  doe, 
w^h  shall  be  judged,  (when  any  doubt  ariseth),  by  honest  and 
indifferent  men. 

For  goeing  w^h  boats  of  seuerall  sorts,  the  man  not  above 
2«  a  tyde,  the  whole  tyde  being  dilligently  improved  according 
to  the  nature  of  that  imploym^ 

And  for  boates,  according  to  their  quallity  and  burden.  A 
lighter  of  16  tunne  w^h  a  boate  or  cannow  w^h  her,  not  above 
3^  a  tide,  and  one  of  12  tunne,  with  a  boate,  not  above  2^  6^  a 
tide.  A  shallop  of  4  tunne,  not  above  1«  a  tide,  and  so  in  re- 
spective proportio.  Butt  in  such  raines  or  stormes  that  goods 
cannot  be  laden  without  spoyling,  nor  the  boate  stirr  though 
the  tide  serve,  no  paym*  to  be  made  for  the  boate  in  such  tides, 
though  the  man  be  paid  while  he  attends  the  service. 

Sawing  by  the  hundred  not  above  4^  6^  for  boards.  5^  for 
plancks.  6^  6'^  for  slitworke  and  to  be  payd  for  no  more 
than  they  cutt  full  and  true  measure.  If  by  the  dayes  worke, 
the  top  man  or  he  that  guides  the  worke  and  phaps  findes  the 
tooles,  not  above  2^  6^  a  day  in  somJ",  and  the  pitt  ma,  and  he 
whose  skill  and  charge  is  lesse,  not  above  2%  and  a  proportion- 


1640]  NEW   HAVEN   COLONY  RECORDS.  37 

able  ill  winter  as  before.  If  they  be  equall  in  skill  and  charge, 
then  to  agree  or  divide  the  4^  Q<^  betwixt  them. 

Falling  of  timber,  that  wh  is  full  2  foote  ou^  or  above,  one 
w^h  another  not  above  3'^  a  foote ;  lesser  timber,  being  yett 
full  18  inches  ou""  and  under  2  foote,  not  above  2*^  a  foote;  all 
other  trees  of  lesser  size  not  18  inches  ou"",  either  by  dayes 
wages,  or  as  shall  be  reasonably  agreed.  Crosscutting,  by  the 
day,  as  other  labo'%  or  as  shall  be  agreed  w'h  equity. 

Hewing  and  squaring  timber  of  severall  sizes,  one  w^h 
another,  butt  the  least  15  inches  square,  well  done  that  a 
karfe*  or  planke  of  2  inches  thicke  being  taken  off  on  2  sides, 
the  rest  may  be  square  for  boards  or  for  other  vse,  not  above  18'i 
a  tun  girt  measure.  And  for  timber  sleightly  hewen  a  price 
proportionable,  or  by  day  wages.  As  for  sills,  beames,  plates 
or  such  like  timber,  square  hewen  to  build  w*h,  not  above  a 
peny  a  foote  running  measure. 

[14]  Mowing,  when  by  the  acre,  not  above  3^  salt  marsh,  nor 
above  2^  G*^  fresh  marsh,  when  by  the  day,  not  above  2*  6'^, 
and  this  to  be  of  skilfull  mowers,  dilligently  improveing  their 
time  and  skill.  A  skillfull  thatcher,  working  dilligently,  not 
above  2^  Q'^  a  day. 

Fenceing  w^h  pales,  as  houslotts,  now  are,  for  felling  and 
cleaveing  posts  and  railes,  crosscutting,  hewing,  mortising,  dig- 
ging holes,  setting  vp  and  nailing  on  the  pales,  the  worke 
being  in  all  the  pts  well  wrought  and  finished,  not  above  2^  a 
rod,  butt  in  this  price  pales  and  carting  of  the  stuffe  not  in- 
cluded. Fencing  w'h  5  railes,  substantiall  posts,  good  railes, 
well  wrought,  sett  vp  and  ramed,  that  pigs,  swine,  goates  and 
other  cattcll  may  be  kept  out,  not  above  2^  a  rod.  Fencing 
w^h  3  railes,  good  stuff,  well  wrought  and  finished,  not  above 
ISd  the  rod. 

Substantiall  posts  sould  in  the  woods,  not  above  9^  or  10^ 
by  the  hundred,  being  in  length  and  goodnes  answerable  to 
the  price.  Good  railes,  11  foote  long,  some  of  them  7,  some 
6,  ])utt  the  least  in  the  smallest  pt  of  itt  not  less  then  5  inches 

*  "  Kerf,  the  ■\vay  made  by  the  saw  or  the  away  sht  in  a  piece  of  timber  or  board. 
The  sawn  away  slit  between  two  pieces  of  stuff  is  called  a  kerf."    Bailey's  Diet. 


38  NEW   HAVEN   COLONY   RECORDS.  [1640 

broade,  one  w^h  another  one  iv'h  another  indifferently  sorted, 
not  above  7^  the  hundred. 

^  Inch  bords  to  be  sould  in  the  woods  nott  above  5^  9<^  -F 
hundred. 

halfe  inch  boards  in  the  woods  not  above  5 — 2  ¥  100. 

2  inch  planke  in  the  woods  not  above  7 — 0  F  100. 

inch  boards  sould  in  the  towne  not  above  7 — 9  ¥  100. 

halfe  inch  boards  in  the  towne,  nott  above  6 — 2  IP"  100. 

2  inch  planke  in  the  towne  not  above  11 — 0  F  100. 

Sawen  timber  6  inches  broad  and  3  inches  thicke  )    f  far^i 


in  the  woods  nining  measure  not  above  )  F  foote. 

in  the  towne  not  above  1^  F  foote. 

Sawne  timber  8  inches  square  running  measure  in  )     1'^  5- 

the  woods  not  above  j  F  foote. 

in  the  towne  not  above  2^  F  foote. 

Clapboards  in  the  woods,  good  stuffe,  not  above  4^  0  ¥*' 
100.  6  foote  long  3^  6^ .  5  foote  and  4  foote  3^  0  IP'  hundred  ; 
hewing  and  nailing  them  on  roofes  and  sides  of  houses,  well 
done  not  worth  above  5^  ¥  hundred,  butt  as  most  are  done, 
not  worth  above  2^  6'^.  Shingle,  good  stuff  f  of  an  inch,  and 
6  or  7  or  8  inches  broad,  sorted  in  the  woods,  being  3  foote  2^ 
6d  F  hundred.  2  foote  2^  14  inches  1^  ¥  hundred,  butt  if 
defective,  price  accordingly. 

Lime  well  burnt  vnslaked,  and  brought  by  water  to  the 
landing  place  of  the  towne,  by  the  bushell  heaped,  not  above 
9'i  the  bushell,  by  the  hogshead,  full  gage  and  so  putt  in  that 
when  carted  from  the  water  side  to  the  place  where  it  shall  be 
vsed  the  hogshead  may  yet  remaine  full,  not  above  5^  ¥  hh'^. 


A  Court  holden  the  1^  of  July  1640. 

Daniell  Fuller  for  neglect  of  his  watch  was  fined  three  shil- 
lings. 

Thomas  Parsons  and  John  ^  ,  servants  to  Elias  Park- 
more  were  whipped  for  their  sinful!  dalliance  and  folly  w'h 
Lidia  Browne. 

Andwew  Low  the  sonne  of  Andrew  Low,  was  whipped  for 


1640]  NEW   HAVEN    COLONY   RECORDS.  39 

riming  fro  his  ma'  and  stealing  fruite  out  of  Goodman 
Wards  lott  or  garden. 

Tho:  Chambers  being  accused  for  scoffing  at  religio,  it  not 
being  sufficiently  proved,  he  was  dismissed  onely  w'li  an  admo- 
nitio  and  cautio. 

Arthur  Halbidg  l)eing  charged  w*h  falce  measure  in  lime, 
was  respited  till  another  court  for  a  more  full  testimony. 


[15]       A  Court  holden  the  5ti'  of  August  1640. 

Itt  was  ordered  thatt  Thomas  Games  shall  pay  vnto  John 
Moody  or  his  assigns,  500  weight  of  good  tobacco,  w^h  should 
have  beene  payd  14  or  15  moneths  agoe.  In  consideracon 
whereof,  the  court  doth  order  the  said  Thomas  Games  to  pay 
vnto  the  said  John  Moody  ^  a  hundred  weight  more  of  to- 
bacco for  the  forbearance  of  itt  so  long  a  time. 

John  Cockerill  received  in  the  court  3 — 8 — 10  of  the  mony 
of  Thomas  Johnson,  vpon  condicon  y'  he  shall  repay  itt  into 
the  court  in  case  any  others  shall  lay  clame  to  the  same  and 
require  satisfactio. 

Itt  is  ordered  that  Mr.  Craine  shall  pay  the  rates  due  for  Mr. 
Roe*  to  pay,  in  consideration  of  his  lott  and  estate  here  given 
in  :  and  thatt  if  he  come  not  the  next  yeare,  the  lott  shall  be 
att  the  towns  dispose,  and  the  rates  payd  for  him  to  be  de- 
ducted out  of  his  estate  here  in  cattell  when  they  are  soulde. 

Goodm  Osborne  fined  5^  for  neglecting  to  warne  the  watch 
ma'  next  succeding  his  owne,  whereby  the  watch  was  neg- 
lected 3  nights. 

Brother  Perry  was  fined  one  shilling  for  warning  his  watch 
too  late,  tho  the  watch  was  not  neglected. 

*  Owen  Rowe  was  a  tradesman  in  London  and  of  the  company  designed  for  New 
England,  and  had  in  1636  a  lot  laid  out  in  Boston.  Upon  the  change  of  times  he  chose 
to  remain  in  London,  became  a  colonel  in  the  great  civil  war  and  one  of  the  regicide 
judges.  He  died  in  the  Tower  on  Christmas  day  1661.  Hutch.  Coll.,  59.  Savage 
Winth.I,  475.  (Ed.  of  1853.) 


40  NEW   HAVEN   COLONY  RECORDS.  [1640 

Att  a  Gen''11  Court  held  the  1^  op  the  T^ii  Moneth  1640. 

Mr.  Lambei'ton  and  Thomas  Nash  was  admitted  members 
of  the  court  and  received  the  freemans  charge. 

Itt  is  ordered  that  all  men  thatt  have  nott  yet  payd  in  all 
the  olde  rates  for  the  commo  charges  of  the  towne,  shall  pay 
itt  w*^hin  14  dayes  after  the  date  hereof,  or  else  some  other 
course  must  be  taken  to  compell  them.  And  allso  thatt 
another  rate  be  forthw^h  estreeted  of  200^,  halfe  vpo  estates 
and  halfe  vpon  lands. 

Mr.  Turner  was  chosen  Captaine  to  have  the  comaund  and 
ordering  of  all  martiall  affayres  of  this  plantatio,  as  setting  and 
ordering  of  watches,  exerciseing  and  training  of  souldiers  and 
whatsoeu""  of  like  nature  appertaining  to  his  office ;  all  w^li 
he  is  to  doe  w^h  all  faithfullnes  and  dilligence,  and  be  ready 
att  all  times  to  doe  whatsoeu""  service  the  occasions  of  the 
towne  requires  or  may  require. 

Itt  is  ordered  that  eu^^y  man  that  is  appoynted  to  watch 
whether  m'"'^  or  servants,  shall  come  every  Lords  day  to  the 
meeting  compleatly  armed,  and  all  others  also  are  to  bring 
their  swords,  no  man  exempted  save  Mr.  Eaton,  o''  pasto'',Mr. 
James,  Mr.  Samuell  Eaton  and  the  2  deacons.* 

The  plantatio  of  Totokett  is  granted  to  Mr.  Samuell  Eaton 
for  such  friends  as  he  shall  bring  ouer  from  olde  England,  and 
vpo  such  tearmes  as  shall  be  agreed  betwixt  himselfe  &  the 
comitty  chosen  to  that  purpose,  (namely)  Mr.  Eaton  and  the 
4  deputyes. 

This  towne  now  named  Newhaven. 

Itt  is  ordered  that  when  Mr.  Roes  lott  shalbe  fenced  in,  o"" 
paste'"  shall  have  a  way  or  passage  left  8  foote  broad  betwixt 
it  and  Mr.  Craines  lott,  y^^he  may  goe  out  of  his  owne  garden 
to  the  meeting  house. 

Itt  is  ordered  thatt  none  in  this  plantatio  shall  either  sell  or 
lett  a  lott  to  any  strainger  for  yeares  w'^hout  allowance  fro  the 
court. 

Itt  is  ordered  thatt  att  this  day  every  yeare  all  the  ram 
goates  in  the  towne  shall  either  be  side  stringed  or  some  other 

*  Matthew  Gilbert  and  Robert  Newman. 


1640]  NEW   HAVEN  COLONY  RECORDS.  41 

course  taken  w'h  tliem  so  as  they  cannot  ram  the  ewes  till  the 
fittest  season. 

A  pcece  of  ground  granted  to  Mr.  Lamberton  for  a  yeard  to 
his  sellar  by  the  west  creeke,  butt  to  be  veiwed  by  the  comitty 
chosen  to  dispose  of  all  the  lotts  and  lands  aboute  the  towne, 
and  sett  out  by  them  to  him,  vpo  these  tearmes,  (viz)  that  he 
shall  give  for  the  ground  whatt  they  shall  appoynt,  and  sell 
both  house  and  lott  at  what  time  and  to  whom  the  court  shall 
approve  of,  and  that  att  a  reasonable  price. 


[16]     Att  a  Court  held  att  Newhaven  the  2^  of  7  m  ;  1640. 

Itt  is  ordered  that  Leiveten^  Seely  shall  pay  vnto  John 
Cockerill  14^  11^  either  in  mony,  corne  or  cattell,  as  they  shall 
be  indifferently  prized  by  indifferent  men  w'^h  shall  be  chosen 
by  them  for  that  end. 

Tho :  Saule  doth  acknowledg  himselfe  bound  in  the  sum  of 
20^,  to  be  leavied  of  his  goods  and  chattells  for  publique  vse 
of  this  towne,  vpon  condicon  thatt  he  satisfie  the  just  demaunds 
of  Humphra  Spinage  when  soeu«"  he  shall  be  called  to  an  ac- 
count aboute  a  clame  wh  the  said  Spinage  doth  make  in  the 
behalfe  of  one  in  London. 

Itt  is  ordered'  thatt  Goodman  Chapman  shall  forthw^h  pay 
vnto  Joh.  Cockerill  the  su  of  5^  10^  w^^h  he  is  indebted  to  him. 

Rob*  Cogswell  is  ordered  to  pay  vnto  Mr.  Attwater  and  his 
bro:  David  the  mony  W^h  he  owes  them,  before  the  next  court. 

A  difference  betwixt  Mr.  Craine  and  Captaine  Turner  refered 
to  bro:  Gilbert  and  bro:  Newm  to  arbitrate. 

Richard  Mansfield  fined  2^  for  neglecting  his  watch. 

The  men  appoynted  to  veiw  the  meaddowes,  to  sett  downe 
before  lotts  be  cast,  what  allowance  is  equall  to  be  cast  into  the 
acre  where  the  meadowes  are  bad,  Benjamin  Linge,  William 
Andrewes,  Richard  Perry,  Will  Touttle,  Jasper  Craine,  John 
Chapman,  Mr.  Lamberton,  Rob*  Seely,  John  Wakeman,  Rich : 
Miles,  Thomas  Welch,  Anthony  Tompson,  John  Ponderson, 
Fran.  Newman  and  Jer:  Dixon. 

6 


42  new  haven  colony  records.  [1640 

Att  a  Court  held  att  Newhaven  the  6*  of  the  8*^  m.  1640. 

Goodm  Warde  fined  2^  for  neglect  of  his  watch  and  putt  out 
of  his  place  from  being  ma""  of  a  watch. 

Will  Gibbons,  Francis  Browne  and  Tho :  Franckland  fined 
Is  apeece  for  late  comeing  to  keepe  their  watch. 

Robt  Champio  being  accused  for  drinking  wine  to  excesse, 
was  fined  5^. 

Thomas  Moulenor  the  elder,  and  Robt  Campio  were  fined  6^ 
apeece  for  affronting  the  court. 

On  Wednesday,  being  the  14*^  of  October,  the  deputies 
aforesaid  went  to  veiw  the  meadowes,  and  haveing  pfected 
their  worke,  they  gave  in  an  account  of  their  worke,  as 
appeares  by  the  plotts  of  the  meadowes. 


[17]  Att  a  Gen""!!  Court  held  att  Newhaven  the  23  of 
THE  8  M:  1640. 

Itt  is  ordered  euery  one  of  the  5  quarters  whose  proportio  of 
meadow  is  vnder  8  acres,  shall  have  itt  in  the  iland  in  the  east 
riuer,  and  in  the  mill  meadowes,  and  their  vpland  att  the 
vtmost  end  of  the  first  divisio  of  the  Yorkeshire  quarter 
w^hout  the  2  miles  beyond  the  west  river. 

Itt  is  ordered  thatt  Mr.  Eaton  shall  have  50  acres  of  his 
meadowes  in  the  meadowes  towards  Totokett,  neare  vnto  the 
way  that  goes  to  Manunkatucke,  w^h  upland  answering  that 
proportio.  And  all  the  rest  of  his  meadow  he  is  to  have  att 
his  owne  choyce  in  the  east  meadowes  and  vpland  adjoyning, 
as  itt  may  best  sute  his  conveniencie  w4i  whatsoeu^  convenien- 
cies  the  place  will  afibrde  him  for  a  farme. 

Itt  is  ordered  thatt  o''  pasto""  shall  have  his  farme  where  he 
shall  desire  itt  w^h  all  the  conveniencies  of  vpland  and  meadow 
and  creeks  W^^  the  place  where  he  pitches  will  afforde,  though 
above  his  proportio,  according  to  his  desire. 

Itt  is  ordered  that  Captaine  Turner  shall  have  his  lott  of 
meadow  and  vpland  where  he  shall  chuse  itt  for  his  owne  con- 


1640]  NEW   HAVEN   COLONY  RECORDS.  43 

veniencie,  thatt  he  may  attend  the  service  of  the  towne  w'=h  his 
place  requires. 

Itt  is  ordered  thatt  all  th'e  vpland  in  the  first  divisio  w^h  all 
the  meadowes  in  the  plantatio  shall  pay  4''  an  acre  yearly,  and 
all  the  land  in  the  2^  divisio  shall  pay  2^  an  acre  yearely,  att 
2  severall  dayes  of  paym*,  (viz),  the  one  in  Aprill,  and  the 
other  in  October,  to  raise  a  como  stock  or  publique  treasury, 
and  thatt  a  steward  or  treasurer  shall  be  chosen  to  receive  and 
dispose  of  itt  according  to  the  occasions  of  the  towne,  and  give 
a  yearely  account  of  itt  to  those  thatt  shalbe  appoynted  to 
receive  the  account. 

Itt  is  ordered  thatt  in  the  2'^  divisio  every  planter  in  the 
towne  shall  have  for  every  hundred  pound  estate  given  in, 
twenty  acres  of  vpland,  and  for  every  hcnd  two  acres  and  a 
halfe. 

Mr.  Craine  is  allowed  300'  to  his  estate  formerly  given  in, 
and  Mr.  Touttle  to  add  50'  to  his,  provided  thatt  they  pay  all 
rates  backward  and  forwarde,  and  if  they  remove,  to  sell  noth- 
ing butt  improvem's. 

Itt  is  ordered  thatt  all  the  small  lotts  about  the  towne  shall 
have  4  acres  of  planting  ground  to  every  lott,  and  an  acre  to 
every  head  layd  out  beyond  the  east  river,  betwixt  o""  pastc^ 
farme  and  the  Indians  wiggwams. 

Itt  is  ordered  thatt  Mr.  James  shall  have  his  meadow  att  the 
lower  end  of  the  Neck,  and  bro:  Andrewes  shall  have  his 
meadow  among  the  small  lotts  as  itt  shall  fall  by  lott,  in  the 
Hand  or  Mill  meadowes. 

Itt  is  granted  to  the  2  deacons  to  chuse  where  they  shall 
have  their  farms,  as  neare  as  may  be  to  the  towne,  thatt  they 
may  the  better  attend  their  office. 

Itt  is  ordered,  that  Mr.  Gregson  shall  be  Truck  ma""  of  this 
towne  for  this  yeare  ensueing,  to  truck  w'h  the  Indians  for 
venison,  so  as  he  may  afforde  to  sell  to  the  planters  thatt  have 
need  att  3°^  a  pound,  all  together,  good  and  bad,  one  wUi 
another. 

Itt  is  ordered  thatt  no  English  men  thatt  kills  venison  shall 
sell  the  fattest  for  above  3*^  a  pound,  and  the  leane  att  2^1  o^. 


44  NEW  HAVEN  COLONY  RECOEDS.  [1640 

Itt  is  ordered  thatt  the  causway  to  the  neck  shall  be  made 
forthw^h. 

Itt  is  ordered  that  wampam  shall  goe  in  this  plantatio  for  6 
a  peny. 


[18]     A  Court- OF  Elections  held  att  Newhaven  the  29*^ 
OF  8  m:  1640. 

Bro:  Perry,  Andrew  Hull,  Will  Peck,  Goodm  Shirman, 
Goodin  Gibbs"  and  Goodih  Livermore  were  admitted  members 
of  the  court. 

Mr.  Eaton  chosen  magistrate  againe. 

Mr.  Robt  Newm,  Mr.  Gregson,  Mr.  Gilbert,  and  Captaine 
Turner  chosen  deputyes. 

Tho:  Fugill  chosen  secretary. 

Rob*^  Seely  chosen  marshall. 

Jer.  Dixon  allowed  to  add  to  his  estate  formerly  given  in, 
so  much  as  will  make  itt  3  hundred  pounds,  so  as  he  pay  all 
rates  for  thatt  estate  backward  and  forward. 

Ben:  Linge  and  Will  Touttle  are  allowed  to  have  their 
meadow  where  Mr.  Eaton  hath  his  first  500  acres,  (viz)  in  the 
fresh  meadows  towards  Totokett,  and  Mr.  Craine  is  to  have 
his  allso  there. 

Allowance  is  to  be  given  in  land  to  those  thatt  want  of  their 
proportio  in  their  houslotts,  2  rod  for  one  in  the  first  divisio, 
and  3  for  one  in  the  2'^  divisio. 

Itt  is  ordered  thatt  Tymo :  Baldwins  lott  shall  have  land 
layd  to  itt  for  6  heads  &  500^,  and  reserved  for  an  elder. 

Itt  is  ordered  that  nott  above  4  moneths  shall  be  accounted 
for  winter  in  workmens  wages,  provided  thatt  they  improve  8 
howers  dilligently  in  worke  every  day  when  they  expect  to  be 
payd  for  a  dayes  worke. 

Itt  is  ordered  that  if  any  workem  take  more  then  is  appoynt- 
ed  for  worke  and  wages,  he  thatt  gives  itt  and  he  thatt  takes 
itt  shall  each  of  them  pay  a  dayes  worke  fine,  and  the  inform'' 
shall  have  the  4^^  p^ 

Itt  is  ordered  thatt  every  one  thatt  comes  after  they  beate 


1640]  NEW   HAVEN   COLONY  RECOEDS.  45 

the  drum  ye  2'^  time,  or  come  defective  in  armes  on  trayning 
dayes,  shall  pay  1^  fine,  and  for  totall  absence  5^. 


A  Gen""!'  Court  holden  att  Newh,  the  4  or  the  9th  moneth 

1640. 

Whereas  Andrew  Ward  and  Robt.  Coe  of  Weathersfield 
were  deputed  by  Weathersfield  men,  the  30* ^  of  the  8*^ 
moneth  comonly  called  October  1640,  to  treate  w*h  the  court 
att  Newhaven  about  the  plantatio  (lately  purchased  by  the 
said  towne*)  called  Toquams,  w*''^  being  considered  of,  itt  was 
agreed  vpon  by  the  said  court  and  ptyes  aforesaid,  that  they 
shall  have  the  said  plantatio  vpon  these  tearmes  following. 
First,  thatt  they  shall  repay  vnto  the  said  towne  of  Newhave 
all  the  charges  wh  they  have  disbursed  about  itt,  W^h  comes 
to  33'  as  appeares  by  a  note  or  scedule  herevnto  annexed. 
Secondly  thatt  they  reserve  a  fift  pt  of  the  said  plantatio  to  be 
disposed  off  att  the  appoyntm*  of  this  court  to  such  desireable 
psons  as  may  be  expected,  or  as  God  shall  send  hither,  pro- 
vided that  if  w^hin  one  whole  yeare  such  psons  doe  not  come 
to  fill  vp  those  lotts  so  reserved,  thatt  then  itt  shall  be  free  for 
the  said  people  to  nominate  and  present  to  this  court  some 
psons  of  their  owne  choyce  w^h  may  fill  up  some  of  those  lotts 
so  reserved,  if  this  court  approve  of  them.  Thirdly  thatt  they 
joyne  in  all  poynts  w^h  this  plantatio  in  the  forme  of  goverm* 
here  settled,  according  to  the  agreem*  betwixt  this  court  and 
Mr.  Samuell  Eaton  about  the  plantatio  of  Totokett. 

These  articles  being  read  together  w^h  Mr.  Sam:  Batons 
agreemts  in  the  hearing  of  the  said  partyes  or  deputyes,  itt 
was  accepted  by  them,  and  in  witnes  thereof  they  subscribed 
their  names  to  the  articles  in  the  face  of  the  court. 

*  Capt.  Tm-ner  as  agent  for  the  people  of  New  Haven  bought  of  Ponus  Sagamore 
of  Toquams,  and  of  Wascussue  Sagamore  of  Shippan,  (the  other  Indians  consenting 
thereto,)  all  the  ground  belonging  to  the  said  Sagamores,  except  a  piece  of  ground 
which  Ponus  reserved  for  himself  and  the  other  Indians  to  plant  upon.  The  considera- 
tion was  12  coats,  12  hoes,  12  hatchets,  12  glasses,  12  knives,  2  kettles,  and  four 
fathoms  of  white  wamiram.  The  liberty  of  hunting  and  fishing  on  the  land  was  re- 
served by  the  Indians.    This  agreement  was  signed  on  the  first  of  July,  1640. 

Stamford  Rec.  B.  p.  30. 


46  NEW  HAVEN  COLONY  RECORDS.  [1640 

Itt  is  ordered  by  the  court  that  Goodm  Quick  shall  give 
security  here  for  the  barke  and  his  account  to  the  owners  ac- 
cording to  their  request  to  Mr.  Eaton,  and  for  thatt  end  the 
moneyes  thatt  are  in  the  hands  of  Captaine  Turner  and  Mr. 
Gregson,  and  should  be  payd  to  Weathersley,  but  layd  clame 
vnto  by  the  saide  Quick,  are  to  be  detained  till  things  be 
cleared  betwixt  them. 

Itt  was  ordered  thatt  Georg  Badcock,  servant  to  Mr.  Eaton, 
shall  serve  out  his  time  w^h  his  ma""  to  the  full  end  and  tearme 
of  six  yeares  (from  his  first  comeing)  according  to  his  iu- 
gagem'  as  appeared  by  the  testimony  of  John  Mason  and  his 
owne  confessio. 

[19]  Edward  Adams  testified  vpon  oath  thatt  the  note  of 
informaco  w^h  he  had  form'ly  delivered  into  the  court  (con- 
cerning lime  W^h  Arther  Halbidg  hath  delivered  to  the  mill) 
is  true,  w^h  when  he  had  done,  Arther  Halbidge  excepted 
against  itt,  thinking  to  prove  the  said  Edward  Adams  a  pjured 
pson.  Butt  Goodman  Pigge,  Rich:  Beach  and  John  Wake- 
field affirmed  the  truth  of  what  Edward  Adams  had  testified, 
(though  the  said  Artur  Holbidg  did  conceive  they  would  have 
contradicted  Edw :  Adams  his  testimony) ,  Itt  was  therefore 
ordered  thatt  the  said  Arther  should  pay  two  folde  for  all  the 
want  of  measure  thatt  is  charged  vpo  him  and  from  hence 
forth  take  iioe  worke  by  the  great,  nor  burne  any  lime  to  sell. 


Att  the  2^  OF  Decemb:  1640. 

Thomas  Franckland  for  drinking  strong  liquors  to  excess 
and  entertaining  disorderly  psons  into  his  cellar  to  drinking 
meetings,  togeth  w^^h  his  contempt  of  the  court,  was  whipped, 
fined  20%  and  deprived  of  his  cellar  and  lott,  his  lott  and  lib- 
erty of  staying  in  the  plantatio  being  onely  granted  to  him 
vpoo  his  good  behavio''. 

Andrew  Loe  jun""  was  whipped  for  breaking  Richard 
Osborne  his  cellar  and  stealing,  &  j^  on  the  Saboth  day. 

Itt  was  ordered  thatt  John  Da\ds,  servant  to  Mr.  Wilks, 
should  be  whipped  for  his  stuborne  carryage  to  his  said  ma"", 


1640]  NEW   HAVEN   COLONY   RECORDS.  47 

butt  the  executio  of  the  sentence  to  be  suspended  for  tryall  of 
his  future  carryage. 

Itt  was  ordered  that  Mr.  Wilks  shall  aljate  2  moneths  of  the 
time  w^'h  the  said  Joh :  Davis  should  serve  him,  for  vndue  cor- 
recting him,  strikeing  him  vpon  the  head  w'h  a  hammer,  he 
being  vpo  the  top  of  a  ladder. 

Itt  was  ordered  j^  all  thatt  live  in  cellars  and  have  famylyes 
shall  have  liberty  for  three  moneths  to  provide  for  themselves, 
butt  all  single  psons  are  to  betake  themselves  forthw^h  to 
some  famylyes,  except  the  magistrate  see  cause  to  respitt  them 
for  a  time. 

Itt  was  ordered  that  Mr.  Mouleno""  should  give  an  accout 
to  the  next  court  for  his  pceedings  att  Totokett. 


Att  a  Court  held  att  Newhaven  the  Q^^  op  the  11^^  M : 

1640. 

Whereas  there  was  a  roap  lent  by  Mr.  Craine  to  John  Tomp- 
son,  butt  lost  by  Rob'  Cogswell  who  tooke  the  charge  of  the 
boate  in  w^h  itt  was  left,  itt  is  therefore  ordered  thatt  John 
Tompson  shall  make  itt  good  to  Mr.  Craine,  and  Rob*  Cogs- 
well shall  satisfie  John  Tompson  for  itt. 

Itt  is  ordered  that  Mr.  Mouleno''  shall  l)e  comaunded  fro 
the  court  by  the  marshall  to  stay  his  proceedings  att  Totokett, 
inasmuch  as  whatt  he  hath  done  is  disorderly  and  unwarran- 
tably, nott  giveing  any  good  account  to  this  court  though  he 
have  beene  required  so  to  doe. 

An  inventory  of  Andrew  Hulls  delivered  into  the  court. 


[20]     A  Gen""!!  Court  hold  att  Newhaven  the  10t'»  of  the 
It  moneth  [1640] 

Itt  is  ordered  thatt  all  the  meadowes  belonging  to  this 
towne  w^h  vpon  pview  the  the  deputies  for  the  quarters  thought 
meete  thatt  8  acres  for  7  should  be  layde  out,  (in  way  of  allow- 
ance), now  itt  is  to  be  abated,  and  thatt  allowance  w^h  that, 
and  proportions  above  that  should  have  had,  shall  be  for  make- 


48  NEW  HAVEN  COLONY  RECORDS.  [1640 

ing  thatt  allowance  Wli  less  proportions  are  appoynted,  and 
worss  meaddow  is  appoynted  to  have,  in  consideraco  of  the 
exceeding  badnes  of  the  meaddowes.  And  those  that  were 
deputed  for  the  veiw  are  now  to  see  ail  the  meadowes  layde  out 
according  to  tlie  true  intent  and  meaning  of  tliis  order ; 
swamps,  ponds  and  creeks  nott  to  be  measured. 

Itt  is  ordered  thatt  all  those  who  by  lott  shall  have  their 
meadow  on  this  side  brother  Turners  fearme,  shall  have  the 
vpland  thatt  lyes  against  itt,  or  joyning  to  itt,  and  if  thatt  be 
nott  enough  to  make  vp  their  proportio  for  their  second 
devisio,  they  shall  have  itt  made  up  beyond  the  west  river,  at 
the  vttmost  end  of  the  Yorkshire  quarter,  among  the  small 
lotts. 

Itt  is  ordered  thatt  after  2  yeares  next  ensueing  be  expired, 
the  neck  shall  be  layd  for  pasture,  and  thatt  all  who  plant  or 
sow  corne  therein  in  the  meantime  shall  secure  itt  themselves, 
whether  there  or  els  where,  every  one  are  to  secure  their  owne 
corne,  provided  y^  none  doe  willfully  or  negligently  trespasse 
w^^h  their  cattell,  and  it  is  further  ordered  thatt  after  this 
yeare  none  shall  plant  Indian  corne  in  the  neck,  butt  onely  sow 
itt  wUi  English. 

Itt  is  ordered  thatt  no  mans  inability  or  remisnes  in  fencing 
his  part  (in  a  gen"^!!  fence)  shall  hinder  theimprovemt  of  land 
in  any  of  the  quarters,  the  major  pt  consenting. 

Itt  is  ordered  thatt  those  thatt  are  intrusted  in  the  townes 
busines  shall  lay  out  meadow  and  vpland  for  an  inne. 

Itt  is  ordered  thatt  if  any  ma  shoote  either  buUetts  or  smal- 
ler shott  in  the  towne,  or  w'hin  a  quarter  of  a  mile  of  the 
towne  w'hout  a  call,  shall  pay  5^  fine  for  every  default. 

Itt  is  ordered  thatt  if  any  shall  cutt  a  tree  w^hout  leave 
where  the  spruce  masts  grow,  shall  pay  20^  fine  for  every 
default. 

Itt  is  ordered  thatt  if  any  take  either  wheele  barrow,  hand 
cart  or  paddles,  or  oares  w^hout  leave,  shall  pay  five  sliillings 
fine.  , 

Itt  is  ordered  thatt  if  any  shall  take  boate  or  cannow  w^hout 
leave,  he  shall  pay  20^  fine,  and  whatt  ever  damage  else  may 
befall  the  owner  for  the  want  thereof. 


1641]  NEW  HAVEN  COLONY  RECORDS.  49 

Itt  is  ordered  thatt  fire  hooks  shall  be  made  for  the  com- 
mon vse  of  the  towne,  att  a  commo  charge. 


AtT    a     MEETING    ABOUT    CASTING    LOTTS    FOR   THE   EAST   MEAD- 
-     OWES   AND   THE   MEADOWES   IN   THE   MILL   RIVER    17 ^h    1^  MON : 

1641 

Itt  is  agreed  thatt  the  small  lotts  shall  begin  att  the  great 
rock  on  the  farre  side  of  the  mill  river,  and  so  come  downe, 
towards  the  sea,  and  then  begin  att  the  lower  end  of  the  farre 
side  of  the  iland  in  the  East  river,  and  so  come  dowi^e  againe 
on  the  hither  side,  and  if  there  shall  fall  out  to  be  some  small 
pportio  w^h  will  not  amount  to  the  quantity  of  him  whose  lott 
falls  last  in  the  Mill  river,  itt  shall  be  in  his  choycc  w^her  he 
will  have  itt,  yea  or  no. 

.Itt  is  allso  agreed  thatt  in  the  East  meadowes  the  first  lott 
shall  begin  att  the  neck  on  the  hither  side  of  the  river,  and  so 
goe  on  in  order  to  the  vper  end  so  farr  as  there  is  meadow,  and 
then  begin  att  o""  pasto""^  farme,  and  so  goe  vp  againe  on  the 
other  side  so  farr  as  there  is  meadow,  and  wliosoeu""  by  lott 
falls  next  to  the  farmes  thatt  are  layd  out  by  choyce,  if  there 
be  not  their  proportio  there,  they  must  take  the  rest  where  itt 
falls  next  in  order  beyond  them. 

Itt  is  ordered  thatt  Thomas  Fugill  shall  have  the  Hand  in 
the  mill  river  for  his  pportio,  he  being  willing  to  have  it  when 
others  refused  it  because  itt  was  bad. 

[21]     Itt  is  o[rdered  that  those]   in  the  neck  sha[ll]  fence 
[  ]  against  [  ]  dow  tha[  ]"6y  thatt 

owe  the  meadow  will  fence  itt  in  from  the  como. 

The  name[s  of  those  w]ho  are  to  have  their  meadow  in  the 
East  meadow,  as  their  lotts  were  cast. 

1  Mrs.  Higginson  6  Mr.  Evance 

2  Mr.  Attwater  7  John  Ponderson 

3  Mr.  Pocock  8  Mr.  Lucas 

4  Goodma  Nash  9  Thomas  Fugill 

5  Mr.  Craine  10  Edw :  Wigiseworth 

7 


50 


NEW   HAVEN   COLONY  RECORDS. 


[1641 


11  Richard  Perry 

12  Mr.  Constable* 

13  Mr.  Browning 

14  Mr.  Marshall 

15  David  Yale 

16  Mr.  Brewster 

17  Bro  :  Jer :  Dixon 

18  John  Johnson 

19  Mr.  Mayers 
The  names  of  those  who  are 


20  An  Elders  lott 

21  Mr.  Roe 

22  Mr.  Dermer 

23  John  Chapman 

24  Mr.  Francis  Newman 

25  Mr.  Malbon 

26  Mrs.  Eldred 

27  Mr.  Samuell  Eaton 

28  Mr.  Tench  one  y^  Island, 
to  have  their  meadow  in  Mil- 


meadow  and  the  Hand  in  the  East  River 
in  order. 


as  their  lotts  were  cast 


1  John  Benham 

2  Mr.  Cheeuers 

3  Tho  Powell 

4  Abraham  Bell 

5  "Will  Andrewes 

6  Rich:  Beckley 
The  land  for  the 


7  Wid:  Greene      13  Joh :  Coop 

8  Wid :  Wilhames  14  Will  Thorpe 

9  Tho :  Kimberley  15  Mrs.  Eaton 

10  Robt  Hill  16  Mr.  Pearce 

11  Jarvis  Boykin      17  Mr.  Yale 

12  Andrew  Loe 

small  lotts  on  y^  banke  side  and  by  y^ 


west  creeke  was  appoynted  to  be  layd  out, 
drawne  in  order  as  followeth.f 

1  Steven  Metcalfe 

2  Adam  Nicolls 

3  Nath :  Merryman 

4  John  Tompson 

5  Bro :  Kimberlcys  bro :         1 7 

6  John  Nash 

7  Mrs.  Swiil'ton 

8  Goodma  Davis 

9  Rich:  Newm 
Tho:  Mitchell 
Tho:  Morris 
Goodm  Peck 


as  their  lotts  were 


Another  lott 
Goodm  Hamcs 
Goodm  Dighton 
Good  Pigge 
Francis  Browne 
George  Larrymo'' 
Tho:  Beam' 
Tho :  Leaver 
John  Vincent 
Joh :  Hall 
Will  Russells 
Christopher  Tod 


*  Was  this  Sir  William  Constable  who  as  Mather  B.  iii,  chap,  xiii,  6,  informs  us  pro- 
posed to  come  to  New  England  with  Rev.  Ezekiel  Rogers?  We  learn  from  Winthrop 
i,  294,  that  the  New  Haven  gentlemen  labored  by  all  means  to  draw  Mr.  Rogers  and 
his  company  to  them. 

t  In  the  margin.    "  The  order  for  it  is  in  fo :  17  and  in  27." 


1641]  NEW   HAVEN   COLONY  EECORDS.  51 

25  Thomas  Mounsoii  A  l)rickmaker 

Ben  :  Willmott  Olmdiah  Barnes 

Joh :  Walker  Eliz  :  the  washer 

Ben :  Paiihng  .    Wiii  Gibbons 


xiTT  A  Court  helde  att  Newhaven  the  7^''  of  the  2''  Mon  : 

1640*. 

John  Reader  was  fined  40«  for  breakeing  the  order  of  the 
Conrt  in  exacting  greater  wages  (then  the  Conrt  had  deter- 
mined,) for  20  dayes  worke  w^h  he  confessed  he  had  received 
mony  for. 

John  Thomas  was  fined  1^  for  neglecting  his  watch. 

Snsanna  Man,  servant  to  Mr.  Goodyeaio,  haveing  accused 
John  Thomas  for  stealing  a  peecc  of  stuff,  valued  att  3^  6". 
she  now  confessed  thatt  she  had  slaundered  him,  and  said  thatt 
God  had  given  her  ouer  to  the  Devill  to  make  her  lye,  where- 
vpon  it  was  ordered  thatt  she  should  pay  to  her  ma""  doulde 
the  price  of  the  stuff  as  the  said  Joh :  Thomas  should  have 
done  if  he  had  becne  guilty,  according  to  the  law  of  God  in 
thatt  case. 


[22]     A  Gen'11  Court  holden  att  Newha[ven  ]  S'l 

MoN  164[1] 

Mr,  Goodyeare,  Mr.  Gregson,  Mr.  Newin  and  Mr.  Gilbert 
chosen  deputyes  for  the  halfe  yeare  next  ensueing. 

Mr.  Gregson  was  chosen  Treasurer  to  receive  the  yearely 
rates  and  keep  accounts  of  all  disbursem^^  vpon  all  necessary 
occasions  for  the  como  affayres  of  the  towne. 

Bro :  Pecke  chosen  measurer  for  the  towne  to  fill  and 
strike  all  the  corne  thatt  comes  into  the  plantatio  from  other 
places,  for  w^^h  he  is  to  have  6''  for  every  score  Imshells  w'"]! 
he  measureth,  an  a  halfe  peny  for  every  bushell  vnder  tenne 
bushells,  the  one  halfe  to  be  payd  by  the  buyer,  and  the  other 
halfe  by  the  seller. 

*  I  presume  this  should  be  1641. 


62  NEW  HAVEN  COLONY  EECORDS.         [1641 

Itt  is  ordered  thatt  all  those  thatt  have  hoggs  shall  drive 
them  from  the  plantatio  about  5  miles  fro  the  towne,  and 
haunt  them  forth  abroade,  neuerthelesse  every  one  is  to 
endeuo""  to  secure  their  corne  by  sufficient  fences. 

Itt  is  ordered  thatt  the  clay  pitts  shalbe  layd  out  as  como,  as 
itt  was  first  intended,  and  what  charge  of  fencing  Goodman 
Mansfield  or  others  shalbe  att  extraordinary  by  thatt  meanes, 
the  towne  is  to  beare  itt  in  genfU. 

Itt  is  ordered  thatt  Mr.  Goodyeare  shall  have  his  vpland 
(w^h  he  is  to  have  in  the  2'^  divisio,)  in  a  place  wh  he  hath 
chosen  beyond  the  west  rocks. 

Itt  is  ordered  thatt  those  who  should  have  a  pt  of  their 
vpland  on  the  right  hand  of  the  mill  way  (betwixt  itt  and  the 
river  where  the  land  fall  narrow,)  butt  leave  itt,  shall  have 
their  pportio  made  up  beyond  the  rocks  w'hout  the  2  miles 
compasse. 

Itt  is  ordered  thatt  every  house  in  the  towne  shall  have  a 
ladder  (in  length  to  sute  the  height  of  their  chimney,)  w^hin 
5  weeks,  to  stand  ready  Ijy  their  houses,  vnder  the  penality  of 
5s  fine. 

An  inventory  and  will  of  olde  father  Shirmails  was  delivered 
into  the  Court. 

Itt  is  ordered  thatt  every  quarter  thatt  would  fence  their 
land  in  the  Neck,  they  may  have  liberty  so  to  doe,  provided 
thatt  they  doe  itt  att  their  owne  charge,  and  leave  out  the 
springs  for  the  cattle  to  drinke  att  wheresoever  any  fall  w^iin 
the  bounds  of  the  neck. 

Itt  is  ordered  thatt  the  rates  of  wares  and  worke  as  they 
were  pi'sented  to  the  Court  by  the  magistrate  shall  be  settled 
and  be  in  force  in  this  plantatio  as  folio weth, 

[23]  Rates 

Itt  is  ordered  thatt  seaven  howers  shall  be  accounted  a 
dayes  worke  for  a  teame,  if  thatt  whole  time  be  dilligently 
improved  in  worke  according  to  the  nature  of  thatt  imploym*, 
and  the  hyer  for  a  stcere  by  the  day  9^,  for  a  growne  oxe  or 
bull  12^1,  for  a  horse  or  mare  16^',  for  cart  furniture  and  man  6^. 

For  ma""  carpenters,  joyners,  plasterers,  bricklayers,  mowers, 


1641]  NEW  HAVEN  COLONY  EECORDS.  53 

cowpers,  thatchers,  ryvers  of  clapboards,  pailes,  shingles, 
lathes  and  the  like  callings  which  require  skill  and  strength, 
nott  above  2^  in  soiner  and  20''  in  winter. 

Butt  others  of  the  same  trades  or  callings,  nott  allowed  ma'" 
workemen,  nott  above  20^  in  sommer  and  16'^  in  winter. 

Plaisterers,  haymakers,  fellers  of  timber,  those  thatt  cross- 
cutt  timber,  and  all  sorts  of  labcers  experienced  and  dilligent 
in  their  way,  improveing  time  as  above,  in  som""  nott  above 
18'^,  in  winter  nott  above  14''. 

Vnskillfull  negligent  laboi^ers,  and  boyes,  both  in  som*"  and 
winter  in  severall  imploymt%  according  to  the  service  they 
doe,  w^'li  when  any  doubt  ariseth  shalbe  judged  by  able  and 
indifferent. 

Boates  of  severall  sorts,  the  whole  tyde  being  dilligently  im- 
proved, according  to  the  na^  of  that  imploym^  The  man  by  the 
tyde  nott  above  16'^.  A  lighter  of  16  tunne  w^h  sale  boate  or 
cannow,  nott  above  2^  A  lighter  of  12  tunne  20''.  A  shal- 
lop of  4  tunne  8^,  and  so  in  respective  proportio,  butt  in  such 
raines  or  stormes  that  goods  cannott  be  laden  or  vnladen 
w'hout  spoyling,  nor  the  boate  stirrc  though  the  tyde  serve, 
no  payment  to  be  required  for  the  boate  in  such  tydes,  though 
the  man  be  payd  while  he  attends  the  service. 

Worke  taken  by  the  greate,  sawing  by  the  hundred  to  be 
payd  for  no  more  then  is  cutt  full  &  true  measure,  boards  nott 
above  3^  S*?,  planks  4%  slit  worke  4*  6'^. 

When  men  saw  1)y  the  day,  the  top  man  or  he  whose  skill 
guides  the  worke,  and  phaps  findes  the  tooles,  in  som""  and 
winter  respectively  as  ma''  workmen,  and  the  pitt  man  as 
vnskillfull  or  nott  approved  mai"  workmen,  and  if  they  be 
equall  in  skill  and  cliarg,  then  to  devide  the  wages,  w<=h  shall 
be  22<i  a  peece  in  somer  and  18''  in  winter. 

Felling  of  timber,  thatt  w^h  is  full  2  foote  over  and  one  w'h 
another  nott  above  2  pence  halfe  peny,  lesser  sorts  of  timber 
full  18  inches  over,  and  vnder  2  foote,  three  halfe  pence  p 
foote,  all  other  trees  of  lesser  size  then  18  inches  over,  either 
by  dayes  wages  as  laborers  or  as  shall  be  reasonably  agreed. 

Hewing  and  squareing  timber  of  several  sizes  one  wUi  anoth- 
er, butt  the  least  15  inches  square,  well  done  thatt  a  kerfe  or 


54  NEW  HAVEN  COLONY  RECORDS.  [1641 

planke  of  2  inches  thick  being  taken  off  on  2  sides  the  rest 
may  remaine  square  for  boards  or  other  vse,  by  the  tunne, 
girt  measure  15'',  and  for  timber  more  sleightly  hewen  a  lesse 
price  in  proportio.  Sills,  beames,  plates  or  such  like  timber 
hewen  square  to  build  w^h,  running  measure,  by  the  foote  nott 
above  3  farthings. 

Mowing  well  done,  w^h  vpon  quest,  is  to  be  judged  by  other 
skillfull  mowers,  salt  marsh  by  the  acre  nott  above  3^  6^,  fresh 
by  the  acre  nott  above  3^. 

Fencing  w^li  pales,  as  house  lotts  are  now  done,  for  felling 
&  cleaveing  posts  and  rales,  cross  cutting,  hewing,  mortising, 
digging  holes,  setting  vp,  well  raming  the  posts  and  nailing  on 
the  pailes,  by  the  rod,  all  the  worke  being  well  and  sufficiently 
done  in  every  pt  appertaining  to  itt,  IS^^,  butt  if  the  worke  in 
any  pt  be  defective,  the  price  to  be  abated  answerably,  and 
thatt  to  be  judged  by  indifferent  men  and  honest  workmen, 
and  so  in  all  other  fencing  w^h  posts  and  rales  as  below. 

Fencing  w^h  5  rales,  strong  and  substantial!  posts  and  rales 
att  least  of  sizes  expressed  below,  the  posts  sett  two  foote  and 
a  halfe  in  the  ground,  well  wrought,  sett  up,  and  well  rammed 
so  thatt  pigs,  goates  and  all  other  cattell  may  be  kept  out,  by 
the  rod  nott  above  IS*!. 

[24]  Fencing  w^h  3  rales,  such  stuff,  workmanship  as  w^h  5 
rales,  nott  above  14'',  substantiall  and  strong  posts,  7  foote  and 
a  halfe  long,  12  inches  broade  and  4  inches  thick  att  least 
where  they  are  felled  and  cloven,  by  the  hundred  7^.  Sub- 
stantiall and  strong  rales  11  foote  long,  some  of  them  9  inches 
broade,  some  7,  some  9  inches,  butt  the  least,  in  the  smallest 
pt  nott  lesse  then  5  inches  broad,  and  all  of  such  a  thicknes  as 
thatt  they  may  be  strong  and  lasting,  proportionably  sorted  of 
all  the  forenamed  sizes,  by  the  hundred,  nott  above  5^  6''. 

Inch  boards  solde  in  the  woods  by  the  hundred  nott  above 
4s  8'',  halfe  inch  board  4^  2<^,  and  2  inch  planke  5^  6''  p  hundred. 

Inch  board  solde  in  the  towne  6%  halfe  inch  boards  5% 
planke  8^  6''  p  hundred. 

Sawen  timber  6  inches  broade  3  inches  thick,  in  the  towne 
by  the  foote  runing  measure  nott  above  3  farthings,  8  inches 
square  soulde  as  before  nott  above  l*!  '^'^  a  foote. 


1641]  NEW   HAVEN  COLONY  RECOEDS.  55 

Clapboards  solde  in  the  woods,  good  stuff  6  footc  long  3s  4:^ 
5  footelong  2«  lO'i. 

Pales  6  foote  long  3%  jS  foote  2— 8,|  5  foote  2^  4^. 

Hewing  and  naleing  clapboards  on  roofes  and  sides  of  houses 
well  done,  nott  above  4^  p  hundred,  butt  as  most  are  done  nott 
worth  above  2^  or  2^  6'^,  therefore  if  any  questio  arise,  the 
worke  to  be  rated  and  judged  by  indifferent  men. 

Shingle,  good  stuff  |  inches  thick,  some  six,  some  seaven, 
some  eight  inches  broad,  sorted  in  the  woods,  being  3  foote 
long  2s  p  hundred  ;  2  foote  long  18'',  14,  15  or  16  inches  long 
9^1,  butt  if  defective,  price  accordingly.  Hewing  and  shooting 
shingle,  well  done  3  foote  nott  above  a  — ,  2  foote  nott  above 
9^  p  100,  14,  15  or  16  inches  nott  above  7'^  p  hundred. 
Lathing  and  laying  shingle,  squar  worke  wt^h  sawen  laths  3 
foote  A  2  foote  14,  15  or  16  inches  long,  lO^i  p  hundred — If 
hewed  shingle  ll''  p  hundred.  If  there  be  diu^s  gutters  to  be 
laid,  then  together  13''  p  hundred.  Lime  well  burnt,  vnslaked, 
brought  by  water  to  the  landing  place  for  the  towne,  by  the 
bushell  heaped,  nott  above  T^i,  by  the  hogshead  full  gaged  con- 
tayning  8  bushells  4%  and  the  lyme  so  putt  in  tliatt  when  the 
lilid  is  carted  fro  the  water  to  the  place  where  itt  shall  be  vsed 
itt  may  remaine  full. 

Plastering,  for  drawing  and  carrying  water,  scaffolding, 
lathing,  laying  and  finishing  the  plastering,  provideing  and 
paying  his  labo''er,  haveing  the  lime,  clay,  sand,  hayre,  hay 
w*h  materialls  for  scaffolding  layd  nearc  the  place. 

By  the  yeard  for  seeling  4 — ob,  for  side  walls,  being  whole 
or  in  great  paines  4^,  betwixt  the  studs,  the  studs  not  measur- 
ed, 5<' — ob.  rendrhig  betwixt  the  studs  2*^. 

Dyett  for  a  labo^'ing  man  w^li  lodging  and  washing  4^ — 6^' 
by  the  weeke  Venison  sould  by  the  English,  if  fatt,  not  above 
2^ — ob  p  pound,  if  leane  2'^  p  pound,  fowle  a  pportionablc 
abatem*^  to  whatt  was  sett  last  yeare. 

All  comodityes  bought  and  sould  among  the  planters,  and 
all  worke  wages  and  labo'"  (hence  forward,  till  some  other 
course  be  settled  by  order,)  to  be  payd  for  either  in  come,  as 
the  price  goeth  in  the  plantatio,  or  in  worke  as  the  rates  set- 
tled by  the  Court,  or  in  cattell  of  any  sort  as  they  shall  be  in- 


56  NEW  HAVEN  COLONY  RECORDS.  [1641 

differently  prized,  or  in  good  marchtable  bever  according  to  its 
goodnes ;  and  paym'  to  l)e  made  att  the  times  w^li  shall  be 
agreed  vpon. 


[25]  A  Court  holden  the  7'^  of  the  5^^  Moneth  1641. 
Att  Newhaven. 

Nicholas  Tanner  haveing  ingaged  himselfe  to  pay  vnto  Mr. 
Bryan  three  pounds  about  three  moneth  agoe  W^h  he  hath  nott 
yett  pformed,  wherevpon  Mr.  Bryan  desired  the  justice  of  the 
Court.  And  the  said  Nicholas  did  pmise  to  the  said  Mr. 
Bryan  thatt  he  would  give  him  good  security  before  the  next 
Court,  W'h  Mr.  Bryan  accepted. 

Ai'ther  Halljidg  was  allowed  to  take  worke  )\y  the  great  vpo 
good  behavio^ 

Mr.  Browning  being  ma'"  of  a  watch,  and  neclecting  to 
warne  the  watch,  so  as  itt  was  neclccted,  was  fined  10^. 

An  inventory  of  Goodman  Luckings  deliu^ed  into  the  Court. 


Att  a  Court  held  att   Newhaven  the  4^''  op  the  6^  m: 

1641. 

John  Seckett  servant  to  Mrs.  Stolyo  for  goeing  about  to 
slaunder  and  reproach  his  said  Mrs,  was  admonished  to  tender 
to  his  Mrs  such  satisfactio  as  she  might  accept,  w^h  was  refer- 
red to  Mr.  Goodyeare  to  determine. 

George  Warde  ingaged  his  house  to  satisfie  Mr.  Huitt  for  a 
bill  of  debt  and  to  satisfie  Thomas  Laude  for  a  debt  of  4^  allso. 

Andrew  Low  jun""  for  Sabotli  breaking,  lying  and  stealing 
was  severely  whipped,  and  ordered  to  weare  a  lock. 


A  Gen"^!^  Court  held  att  Newhaven  the  30th  qf  the  6*  mon  : 

1641. 
Whereas  there  was  a  purchase  made  by  some  pticular  psons 
of  sundry  plantation  in  Delaware  Bay,  att  their  owne  charge, 
for  the  advancm^  of  publique  good  as  in  a  way  of  trade,  so 


1641]  NEW    HAVEN    COLONY   KECOKDS.  57 

allso  for  the  settling  of  churches  and  plantations  in  those  pts, 
in  combinatio  w'h  this.  And  therevpon  itt  was  propounded 
to  the  Gen'ii  Court  w^her  plantations  should  be  settled  in 
Delaware  Bay,  in  combinatio  w'h  this  towne,  yea  or  nay,  and 
vpon  consideratio  and  debate  itt  was  assented  vnto  by  the 
Court,  and  exp''ssed  by  holding  vp  of  hands. 

So  far  as  Captaine  Turner  hath  refference  to  the  civill  state 
and  imployed  therein,  pvided  thatt  his  place  be  supply ed  in  his 
absence,  the  Court  hath  given  free  liberty  to  him  to  goe  to 
Delaware  Bay  for  his  owne  advantage  and  the  publique  good 
in  settling  the  affayres  thereof. 

Itt  is  ordered  thatt  those  to  whome  the  affaires  of  the  towne 
is  comitted  shall  dispose  of  all  the  affayres  of  Delaware  Bay, 
according  to  the  intent  of  the  agreem*  for  combinatio  w'h  this 
towne  in  settleing  plantations  and  admitting  planters  to  sitt 
down  there. 

Mr.  Goodyeare  propounded  his  purchase  of  Mr.  Farretts 
Hand*  to  the  towne,  butt  itt  was  nott  accepted. 

Itt  is  ordered  thatt  the  survayers  shalbe  payed  for  all  the 
meadowes,  creekes,  and  ponds  w^h  they  survay,  though  itt  be 
cast  in  for  or  above  allowance  w4iout  measure. 

Mr.  Craine  resigned  Mr.  Hickocks  lott  into  the  townes 
hands. 


Att  a  Court  held  the  l*  of  the  T^h  Moneth  1641. 

Att  Newhaven. 
Francis  Hall  being  complained  against  by  Luke  Attkinson 
for  w'hholding  fro  him  some  mony  justly  due  to  him,  he  was 
injoyned  by  the  Court  to  make  satisfactio  to  the  said  Luke 
forthw'h. 


*  Now  called  Shelter  Island.  Mr.  Goodj-eare  purchased  it  of  Mr.  Farrett  May  18, 
1641,  and  sold  it  June  9,  1651  to  Thomas  Middleton,  Thomas  Rouse,  Constant  Sylves- 
ter and  Nathaniel  Sylvester,  for  1600  lbs  of  good,  merchantable  Muscovado  Sugar. 

Thompson's  L.  I.,  2d  ed.,  vol.  I.,  118,  364. 


58  new  haven  colony  records.  [1641 

[26]     Att  a  Court  holden  the   6^  of  October  1641,  att 

Newhaven. 

Itt  is  ordered  that  Edward  Harwoode  shall  pay  to  Leivten* 
Seely  (for  takeing  his  cannow  w^ioiit  leave,)  twenty  shillings. 

Mr.  Wilks  being  accused  hj  his  man  John  Davis  for  force- 
ing  him  to  be  bound  after  he  came  on  shipl)oard  halfe  a  yeare 
longer  then  his  father  had  consented  to  before,  and  agreed 
w'h  the  said  Mr.  Wilks  fopf  butt  the  said  John  Davis  being 
defective  in  the  proofs  of  his  accusatio,  and  Mr.  Wilks  want- 
ing his  witnesses  to  prove  his  innocencie,  itt  is  ordered  thatt  if 
the  said  Mr.  Wilks  doe  nott  make  it  appeare  by  witnes  (thatt 
his  agreem'  was  for  4  yeares  and  a  halfe)  betwixt  and  the  last 
of  September  come  12  moneth  after  the  date  hereof,  he  shall 
pay  vnto  the  said  John  Davis  20^  for  every  moneth  so  long  as 
he  stayes  w4i  him  above  4  yeares. 


Att  the  Gen""!'  Court  of  Elections  held  att  Newhaven 
the  27ti'  of  Octo:  1641. 

Mr.  Craine  of  this  clmrch,  and  Andrew  Warde  and  Francis 
Bell  of  Rippowams,  admitted  members  of  this  court  and  re- 
ceived the  charge  of  freemen. 

Mr.  Eaton  and  Mr.  Goodyeare  chosen  magistrates  of  this 
towne. 

Thurston  Rayner  chosen  constable  for  Rippowams  to  order 
such  busines  as  may  fall  in  thatt  towne  according  to  God,  for 
the  next  ensueing  year,  butt  is  nott  to  be  established  in  his 
office  till  he  have  received  his  charge  fro  this  Court  and  testi- 
fied his  acceptance  thereof  to  this  Court. 

Mr.  Gregson,  Mr.  RoIj*^  Newman,  Mr.  Gilbert  and  Mr. 
Wakeman  chosen  deputyes  for  this  plantation. 

Tho :  Fugill  chosen  secretary. 

Robt  Seely  chosen  marshall. 


1641]  NEW    HAVEN   COLONY   RECOEDS.  59 

A  Court  held  att  Newhaven  the  3'^  of  Novem:  1611. 

Whereas  Rob'  Johnson  maketh  clame  to  the  house  and  lott 
of  his  brother  John  Johnson,  late  planter  of  this  towne  de- 
ceased, by  vertue  of  a  contract  betwixt  them,  the  Court  liave- 
ing  debated  itt  and  nott  findeing  itt  ripe  for  issue,  itt  was 
ordered  thatt  those  thatt  can  give  best  light  about  itt  should 
ripen  their  app''hensions  so  as  they  may  be  able  to  make  oath 
of  whatt  they  can  testifie  concering  itt,  w^li  may  stand  vpon 
record  for  posterity. 

David  Anderson  for  his  contempt  of  autliority  in  carrying 
away  a  delinquent  contrary  to  order  and  his  owne  pmise,  was 
fined  20s. 

Itt  is  ordered  thatt  an  attachm'^  be  sent  forth  to  distraine 
the  goods  of  Mr.  Trobridge,  to  pay  the  townes  rates,  and  to 
satisfie  the  demaunds  of  those  psons  to  whom  he  is  indebted, 
as  Mr.  Gregson  20^,  Mr.  Whitfield  20^,  w'h  divers  others  of 
this  toAvn. 

Itt  is  ordered  thatt  every  one  thatt  have  beene  in  the 
watchs  shall  pay  to  Steven*  the  drum'"  and  Jarvis  Boykin 
nine  pence  a  peece  for  a  yeare  and  a  halfe  ending  the  first  of 
Decem :  next  ensueing. 


[27]     A  Gen'"11  Court  held  att  Newhaven  the  29'^  of 
Novem:  1611. 

Richard  Miles  and  Roger  Allen  admitted  members  of  the 
Court. 

Itt  is  ordered  thatt  so  many  of  those  (who  have  the  small 
lotts  by  the  sea  side)  as  will  resign  their  land  beyond  the  East 
River  shall  have  6  acres  for  every  single  pson,  8  acres  for  man 
and  wife,  and  one  acre  for  every  childe,  att  the  far  re  end  of 
the  Great  Plaine  in  lew  thereof,  provided  thatt  vpon  veiw  itt 
be  layde  out  so  as  the  townes  occasions  may  be  accomodated 
w'hout  pi'judice  to  the  towne,  and  if  any  remove,  they  shall 
onely  sell  improvem's. 

*  Stephen  Metcalfe. 


60  NEW  HAVEN  COLONY  RECORDS.         [1641 

Itt  is  ordered  thatt  Wequash  shall  have  a  sute  of  cloths 
made  att  the  townes  charge.* 

Itt  is  ordered  thatt  the  townes  rates  shall  be  payd  in  corne 
att  2^  4<i  a  biishell  by  all  those  who  chuse  to  pay  their  rates  in 
Indian  corne. 

Itt  is  ordered  thatt  if  any  shall  furnish  the  Indians,  whether 
directly  or  indirectly,  w'h  any  amunitio  whatsoever,  shall  pay 
for  the  first  default  5^  fine,  and  afterward  att  the  discretion  of 
the  Court. 

Tho :  Fugill  is  allowed  his  2'^  divisio  att  the  foote  of  the 
West  Rock  of  the  cleare  ground  w'^h  is  there,  or  so  much  of 
itt  as  he  desires,  according  to  his  proportion.! 

Itt  is  ordered  thatt  all  the  voyd  lotts,  belonging  to  absent 
psons  slialbe  fenced  att  the  townes  charge  nntill  the  psons 
come  thatt  shall  possesse  them,  and  then  all  the  charges  to  be 
retourned  by  the  owners,  and  bro:  Andrewes  and  bro:  Moun- 
son  are  to  see  thatt  the  fences  be  done  well  according  to  the 
order  of  the  Court. 


A  Court  held  att  Newhaven  the  1*  of  Decem:  1641. 

Itt  is  ordered  thatt  the  firkin  of  butter  w^li  Mr.  Wilks  tooke 
yp  shall  be  left  in  the  hands  of  bro  :  Ponderson,  (or  the  valine 
thereof)  and  remaine  there  till  some  cann  challeng  itt  by  the 
marke. 

Itt  is  ordered  that  Goodm  Hall  shall  have  liberty  to  dispose 
of  the  children  w^h  he  brought  ou"^  till  the  Court  have  light 
to  dispose  otherwise  of  them,  provided  thatt  they  be  well 
looked  vnto  and  well  vsed.  And  Goodma  Hitchcock  who  is  to 
have  one  of  them  is  to  pay  to  the  Treasurer  what  is  due  for 
the  boy,  and  Goodm  Hall  is  to  be  payd  out  of  itt  whatt  is  due 
to  him. 

*  "  One  Wequash  Cook,  an  Indian  living  about  Connecticut  river's  mouth,  and 
keeping  much  at  Saybrook  with  Mr.  Fenwick,  attained  to  good  knowledge  of  the 
things  of  God  and  salvation  by  Christ,  so  as  he  became  a  preacher  to  other  Indians, 
and  labored  much  to  convert  them,  but  without  any  effect,  for  within  a  short  time  he 
fell  sick,  not  without  suspicion  of  poison  from  them,  and  died  very  comfortably." 

Sav.  Winth.  II.  74  sub  anno  1642. 

t  See  page  [133.]  It  was  for  falsifying  this  order  by  omitting  the  words  "  accord- 
mg  to  his  proportion,"  that  Fugill  was  excommunicated  and  deprived  of  his  place,  in 
1645. 


1641]  NEW   HAVEN   COLONY  RECORDS.  61 

A  Court  held  att  Newhaven  the  5^^'  of  Jan:  16-41. 

Itt  is  ordered  thatt  all  the  goods  of  Mr.  Trobridg  w^h  re- 
maiiie  shall  be  attached  to  satisfy  the  demaunds  of  the  psons  to 
whom  he  is  indebted,  namely  Mr.  Perry,  Mr.  Craine  10^  and 
damages,  Hen:  Gibbons  and  Mr.  Caine  of  Boston. 

Tho :  Badger  being  accused  and  convicted  for  defileing  him- 
selfe  by  divers  vncleane  passages  w*h  one  of  his  ma''^  children 
not  above  6  yeares  of  age,  was  whipped  att  a  carts  arce  about 
the  towne  to  make  his  punishment  examplary. 


[28]     A  Gen"-"  Court  the  25th  of  12th  Mon:  1641. 

Mr.  Malbon  and  Goodman  Ives  admitted  members  of  the 
Court  and  received  the  charge  of  freemen. 

Francis  Browne,  Thomas  Morris,  Aliraham  Smyth,  Will 
Russells,  Thomas  Beamont,  John  Wilforde  and  Goodma  Pigge 
are  allowed  to  have  their  land  in  the  Plaine,  amongst  the  rest 
of  their  neiglibo'^ 

Itt  is  ordered  thatt  Mr.  Rob*  Newman,  Mr.  Francis  Newma 
Thomas  Mounson  and  Adam  Nicholls  shall  veiw  the  coukj  way 
to  the  Plaines,  and  afterward  itt  is  to  be  ordered  so  as  may  be 
most  comodious  for  the  publique  good. 

Itt  is  ordered  thatt  the  Neck  bridge  shall  be  repaired  forth- 
w^h,  and  thatt  as  speedyly  as  may  bee  a  cart  bridge  be  made 
ouer  the  West  River  and  another  over  the  Mill  river. 

Itt  is  ordered  thatt  a  cart  bridge  be  made  over  the  East 
River  allso,  as  soone  as  conveniently  may  be  after  the  other 
two  bridges  are  fully  finished,  onely  itt  is  referred  to  con- 
sideraco  w^her  the  towne  will  beare  the  whole  charge,  or  dis- 
burse a  hundred  pounds  towards  itt  and  lett  the  rest  be  borne 
by  those  thatt  have  their  lands  on  the  east  side,  and  in  con- 
sideraco  thereof,  allow  them  the  liberty  and  proffitt  of  fishing 
and  the  towne  to  stand  to  the  repair  of  the  said  bridge. 

Itt  is  ordered  thatt  the  lawes  form^ly  made  concering  wares 
and  works  shall  fro  hence  forwarde  he  voyd  and  of  no  force 
till  the  Court  see  cause  to  the  contrary. 

Itt  is  ordered  thatt  all  the  voyde  lotts  in  the  towne  shall  be 


62  NEW  HAVEN  COLONY  RECORDS.  [1641 

reserved  for  those  for  whom  they  were  intended  till  the  come- 
ing  of  the  first  ships,  and  if  then  y^  persons  come  nott  for 
whom  they  are  so  reserved,  the  towne  may  dispose  of  them  as 
they  see  cause,  and  itt  is  to  be  considered  by  the  Court  what 
is  equall  to  be  allowed  for  the  improvem^s  vpon  them. 

Itt  is  ordered  tliatt  a  free  schoole  shall  be  sett  vp  in  this 
towne,  and  o"^  paste""  Mr.  Davenport,  together  w'h  the  magis- 
trates shall  consider  whatt  yearly  allowance  is  meete  to  be 
given  to  itt  out  of  the  como  stock  of  the  towne,  and  allso 
whatt  rules  and  orders  are  meet  to  be  observed  in  and  about 
the  same. 

Itt  is  ordered  tliatt  the  como  feild  called  the  oyster  shell 
feild  shall  be  lett  to  such  psons  whose  p''sent  need  requires  itt, 
the  ordering  and  disposeing  of  w^h  is  referred  to  the  magis- 
trates and  deputy es. 

Bro:  Tompson,bro:  Clarke,  bro:  Miles,  bro :  Wakem,  bro: 
Atwater,  bro:  Francis  Newma,bro:  Rob*^  Newma,  bro:  Perry 
and  bro:  Craine  are  desired  to  know  the  mindes  of  their 
severall  quarters,  how  many  are  contented  to  exchang  their 
land  in  the  neck  for  land  in  the  oxe  pasture. 

Brother  Davis  sute  for  a  little  additio  of  land  to  be  added  to 
his  proportio  in  the  plaines,  to  save  him  some  charge  in 
fencing  was  granted  by  the  Court. 

Itt  is  ordered  that  none  shall  hant  their  hoggs  thatt  way 
where  their  land  lyes  nott,  butt  to  cndevo'"  as  much  as  may  be 
to  haunt  them  thatt  way  where  their  2^  divisio  lyes. 


[29]     A  Gen""!'  Court  held  at  Newhaven  the  2^1  op  the 
It  Moneth,  1641,  about  Geor:  Spencer. 

Francis  Browne  admitted  member  of  the  Court  and  received 
the  charge. 

The  14*''  of  Feljruary,  1641,  John  Wakeman  a  planter  and 
member  of  this  church  acquainted  the  magistrates  thatt  a  sow 
of  his"  w^h  he  had  lately  bought  of  Hen :  Browning,  then  av^Ii 
pigge,  had  now  brought  among  divers  liveing  and  rightly 
shaped  pigs,  one  pdigious  monster,  w^h  he  then  brought  w'h 
him  to  be  veiwed  and  considered.     The  monster  was  come  to 


1641]  NEW   HAVEN   COLONY   RECOEDS.  63 

the  full  growth  as  the  other  piggs  for  ought  could  be  discerned, 
butt  brought  forth  dead.  Itt  had  no  haire  on  the  whole  body, 
the  skin  was  very  tender,  and  of  a  reddish  white  collour  like  a 
childs;  the  head  most  straing,  itt  had  butt  one  eye  in  the 
midle  of  the  face,  and  thatt  large  and  open,  like  some  blem- 
ished eye  of  a  man ;  over  the  eye,  in  the  bottome  of  the  fore- 
heade  Wh  was  like  a  childes,  a  thing  of  flesh  grew  forth  and 
hung  downe,  itt  was  hollow,  and  like  a  mans  instrum^  of 
gen''ation.  A  nose,  mouth  and  chinne  deformed,  butt  nott 
much  vnlike  a  childs,  the  neck  and  eares  had  allso  such 
resemblance.  This  monster  being  after  opened  and  compared 
w'h  a  pig  of  the  same  farrow,  there  was  an  aparant  difference 
in  all  the  inwards.  Some  hand  of  God  appeared  in  an  imp''ssion 
iqjon  Goodwife  Wakemans  speritt,  sadly  expecting,  though  she 
knew  nott  why,  some  strange  accedent  in  thatt  sows  pigging, 
and  a  strange  impi'ssion  was  allso  upon  many  thatt  saw  the 
monster,  (therein  guided  by  the  neare  resemblance  of  the 
eye,)  that  one  George  Spencer,  late  servant  to  the  said  Henry 
Browning,  had  beene  actor  in  unnatureall  and  abominable 
filthynes  w^li  the  sow,  thus  divers  upon  the  first  sight,  ex- 
pressed their  apprehensions  wUiout  any  knowledge  whatt  con- 
jecture others  had  made.  The  foremenconed  George  Spencer 
so  suspected  hath  butt  one  eye  for  vse,  the  other  hath  (as  itt  is 
called)  a  pearle  in  itt,  is  whitish  &  deformed,  and  his  deformed 
eye  being  licheld  and  compard  together  w'h  the  eye  of  the 
monster,  seamed  to  be  as  like  as  the  eye  in  the  glass  to  the 
eye  in  the  face ;  the  man  had  beene  form'ly  notorious  in  the 
plantatio  for  a  prophane,  lying,  scoffing  and  lewd  speritt,  as 
was  testfyed  to  his  face,  butt  being  examined  concerning  this 
abominatio,  att  first  he  said  he  had  nott  done  itt  thatt  he  knew 
off,  then  denyed  itt,  butt  being  comitted  to  prison,  partly  on 
strong  probabilities  of  this  fact,  and  ptly  for  other  miscar- 
riages, the  same  evening,  being  the  24^^  of  February  as  above, 
Mr.  Goodyeare,  one  of  the  magistrates,  went  to  the  prison, 
found  Sam :  Martin  and  another  yong  man  talking  w^li  the 
said  Georg  Spencer,  he  asked  him  if  he  had  nott  comitted 
thatt  abominable  filthynes  w^li  the  sow,  the  prison""  att  first 
denyed  itt.     Mr.  Goodyeare  asked  him  whatt  he  thought  of 


64  NEW  HAVEN  COLONY  RECORDS.  [1641 

the  monster  w^h  had  beene  shewed  him,  whether  he  did  not 
take  notice  of  something  in  itt  like  him,  the  prison""  after  a 
little  pause  asked  the  magistrate  whose  sow  itt  was,  who  re- 
plyed,  he  knew  best  himselfe,  att  w^h  the  prison""  was  againe 
silent,  the  magistrate  apprehending  in  the  prisoner  some  re- 
lenting, as  a  preparatio  to  confession,  remembred  him  of  thatt 
place  of  scripture,  he  thatt  hideth  his  sin  shall  not  prosper, 
butt  he  y*^  confesseth  and  forsaketh  his  sins  shall  finde  mercie, 
and  asked  him  if  he  were  nott  sory  he  had  denyed  the  fact 
w^h  seemed  to  be  witnessed  fro  heaven  agst  him.  The  p'"son'" 
answered  He  was  sory  and  confessed  he  had  done  itt,  butt  as 
Mr.  Goodyeare  was  going  away,  the  pfson""  tolde  Sam:  Martin 
what  he  had  confessed  to  Mr.  Goodyeare  was  for  fauo"",  there- 
upon Sam :  Martin  called  Mr.  Goodyeare  back.  Mr.  Goodyeare 
retourning,  asked  the  prison'",  if  he  said  soe,  who  said  no, 
affiring  j^  Sam :  Martin  mistook  him,  Mr.  Goodyeare  de- 
maunded  of  him  whether  had  comitted  the  fact  yea  or  no,  he 
answered  he  had  done  itt,  and  so  Mr.  Goodyeare  departed. 

The  25t'>  of  Febr.  1641,  both  the  magistrates  w'h  divers 
others  went  to  the  prison  to  speake  w^h  the  prisoner,  wished 
him  to  give  glory  to  God,  in  a  free  confessio  of  his  sin,  he 
againe  confest  the  bestiality  before  meficoned,  said  he  had 
comitted  itt  while  he  was  in  Mr.  Brownings  service,  and  in  a 
hogstie  of  his ;  yett  Mr.  Goodyeare  after  going  to  him,  he  att 
first  denyed  the  fact,  but  Rob'  Seely  the  marshall  thereupon 
minding  him  of  w*  he  had  confest  to  him,  he  againe  freely 
confessed  the  fact,  butt  said  he  had  nott  done  itt  in  the  stye 
w'^h  Mr.  Goodyeare  spake  off,  butt  in  a  stye  w^hin  a  stable  be- 
longing to  Mr.  Browning.  And  thatt  he,  the  said  Geo :  Spen- 
cer being  there  att  worke,  the  sow  came  into  the  stable,  and 
then  the  temptatio  and  his  corruptio  did  worke,  and  he  drove 
the  sow  into  the  stye,  and  then  comitted  thatt  filthynes. 

The  26th  of  Feb:  Mr.  Eaton  and  Mr.  Davenport  going  to 
speake  wUi  the  prisoner,  Mr.  Goodyeare  came  to  them  and  in 
the  presence  of  Goodman  Mansfield,  Will  Newma,  Tho:  Yale, 
Theophilus  Higginson,  Joh:  Brocktt  and  others,  questioned 
him  more  perticularly  concering  the  beastiality,  namely  how 
long  the  temptatio  had  beene  upon  his  speritt  before  he  comit- 


1641]  NEW  HAVEN  COLONY  REC0ED9.  65 

ted  itt ;  he  answered  itt  had  beene  upon  his  speritt  2  or  3  dayes 
before ;  being  asked  w^  workings  he  had  w'hin  him  att  thatt 
time,  he  said  he  found  some  workings  against  itt,  both  fro  the 
haynousnes  of  the  sin  and  the  loathsomenes  of  the  creature  ;  be- 
ing asked  whether  he  did  nott  in  thatt  time  seeke  help  fro  God 
against  the  temptatio,  he  said  no,  if  he  had  he  thought  God 
would  have  helped  him ;  being  asked  whether  he  did  nott  vse 
to  pray  to  God,  he  answered  he  had  not  since  he  came  to  New 
England  w'^h  was  betweene  4  or  5  yeares  agoe,  in  Engl  [and] 
he  did  vse  to  pray,  butt  itt  was  onely  in  his  bed ;  being  asked 
.  in  w*  manner,  he  answered  [he]  said  (Our  Father  &c)  ;  being 
asked  whether  he  did  nott  read  the  scriptures  he  answere[d] 
his  ma''  putt  him  upon  itt  else  nott,  being  asked  whether  he 
[30]  found  nott  some  workinge  [upon  hini]  \\  in  the  publique 
ministry,  he  answered  sometimes  he  had  some  workings,  butt 
they  did  nott  abide  w*^!!  him,  being  asked  how  long  he  was  in 
the  stye  w'h  the  sow,  he  said  about  2  bowers ;  being  asked 
about  w^  time,  he  said  about  6  a  clock  in  the  evening,  when 
the  sun  was  sett,  and  the  day  light  almost  shutt  in;  being 
asked  w'  itt  was  in  the  monster  thatt  did  affect  him,  he  an- 
swered the  whitnes  in  the  eye ;  being  charged  fro  the  testimo- 
ny w^'h  had  beene  given  by  sundry  person  who  had  conversed 
w'h  him,  w^h  a  prophaine,  atheisticall  carryag,  in  unfaithfull- 
nes  and  stubornes  to  his  ma'",  a  course  of  notorious  lying, 
filthnes,  scoffing  att  the  ordinances,  wayes  and  people  of  God, 
he  confest  miscarryages  to  his  ma"",  and  lying,  and  thatt  he 
had  scoffed  att  the  Lords  day,  calling  itt  the  Ladyes  day,  butt 
denyed  other  scoffing,  wicked  and  bitter  speeches  witnessed 
against  him,  and  other  form""  acts  of  filthynes,  either  with  In- 
dians or  English,  w^h  out  of  his  owne  mouth  were  charged 
upon  him.  On  the  Lords  day,  being  the  27"'  of  Feb:  he 
caused  a  bill  to  be  putt  up,  intreating  the  prayers  of  the  church 
to  God  on  his  behalfe,  for  the  pardon  of  the  sinns  he  had  com- 
mitted, and  confessed,  professing  he  was  sory  he  had  greived 
the  magistrates  in  denying  itt,  acknowledging  thatt  Satan  had 
hardened  his  hart  both  comitt  and  denye  it. 

9 


66  new  haven  colony  eecords.  [1641 

Att  a  Gen^h  Court  held  att  Newhayen  the  2^  of  March 

1641. 

George  Spencer  being  brought  to  the  Barr  and  charged  as 
"w^h  other  crimes  so  w*h  the  foremenconed  beastiality,  and  the 
monster  shewed,  upon  w'^h  God  from  heaven  seamed  both  to 
stamp  out  the  sin,  and  as  w'^h  his  finger  to  single  out  the 
actor ;  being  wislit  therefore,  as  he  had  done  before  many  witt- 
nesses  formerly,  so  againo,  by  confessio  to  give  glory  to  God ; 
butt  he  impudently  and  w'h  desperate  imprecation  against 
himselfe  denyed  all  thatt  he  had  formerly  confessed,  where- 
upon the  form""  perticulars  were  fully  testified  in  open  Court 
to  the  prison^s  face  by  the  persons  before  menconed  respective- 
ly, and  other  testimonyes  was  added,  namely,  Rob^  Seely  the 
Marshall  affirmed  thatt  the  prison^"  did  dictate  to  him  the 
foremenconed  bill  by  wh  he  desired  the  prayers  of  the  church 
for  the  pardon  of  thatt  beastiality,  professing  therein  thatt 
Satan  had  sometimes  hardened  his  hart  to  deny  itt,  and  y*  on 
the  Lords  day  att  night  after  he  had  heard  himselfe  prayed 
for  in  the  congregatio,  he  againe  confessed  the  fact  to  him, 
and  seamed  to  be  greived  for  the  sinne,  and  some  teares  fell 
from  the  prison"" ^  eyes  greiving  as  he  said  thatt  he  had  denyed 
itt. 

Ezechiell  Cheevers  affirmeth  thatt  the  next  morning  after 
the  aforesaid  Saljoth,  being  the  28  of  Feb:  the  said  Georg 
Spencer  tolde  him  thatt  he  founde  his  hart  more  softned  then 
itt  had  beene,  and  thatt  the  Lord  had  given  him  a  sight  of  his 
sinne,  and  he  hoped  he  would  lett  him  see  itt  more. 

Richard  Malbon  affirmed  thatt  the  prison''  confessed  the 
fact  to  him  in  the  p'"sence  of  Tho :  Yale  and  Wiii  Newma,  and 
added  thatt  if  he  had  nott  confessed  itt,  yett  itt  was  true,  and 
God  knew  itt  though  he  should  denye  itt,  and  the  said  Richard 
Malbon  att  another  time  turned  him  to  thatt  scripture  Livit 
20.  15.  ad  bid  him  make  applycatio  of  itt  to  the  marshall 
whom  he  left  w4i  him,  the  marshall  affirmeth  thatt  when  the 
said  Rich:  Malbon  was  gone,  the  prisoner  tolde  him  thatt 
thatt  scripture  stroke  like  a  dagger  to  his  hart. 

Will  Harding,  a  sawyer,  and  one  thatt  was  suspected  by 
some  in  Court  to  have  given  the  prisoner  evill  councell,  testi- 


1641]  NEW  HAVEN   COLONY    RECORDS.  67 

fyed  to  the  prisoners  face  in  Court,  thatt  the  prison""  had  said 
to  him  the  said  Harding  thatt  Thomas  Badgers  sin  was  worse 
then  his,  for  Badger  lay  w^h  a  Christian,  butt  himselfe  the 
prisoner,  lay  butt  wUi  a  rotten  sow,  and  the  p'^son'"  being  then 
asked  by  him  the  said  Harding,  how  he  could  make  the  sow 
stand,  he  answered  well  enough,  &  being  asked  when  he  did 
comitt  the  sin,  he  answ^  he  did  itt  since  he  came  from  Con- 
nectecutt. 

Will  Aspenall  affirmeth  thatt  he  confessed  the  sinne  to  him, 
and  being  asked  att  whatt  time  he  did  itt,  he  said  after  he 
came  from  Connectecutt,  in  Mr.  Brownings  stable.  Will 
Aspenall  objected  how  could  thatt  be,  seeing  he  was  nott  then 
in  Mr.  Brownings  service,  he  said  he  had  busines  there ;  being 
asked  whatt  busines,  he  was  silent. 

Will  Blaiden  testified  thatt  the  prisoner  confessed  the  sinne 
to  him,  being  asked  if  he  did  itt  butt  once,  the  prisoner  an- 
swered he  had  done  itt  butt  once  ;  to  this  testimony  the  pris- 
oner replyed  in  Court,  Itt  is  true  Will,  thou  hast  cleared  thy- 
selfe. 

Rob*  Newman  and  Mathew  Gilbert  testified  thatt  the  pris- 
oner did  confess  itt  to  them,  they  asked  how  his  conscience 
wrought  while  he  was  acting  itt,  and  whatt  pleasure  he 
founde,  and  how  long  he  was  acting  itt,  he  answered  about 
halfe  an  hower,  and  itt  was  the  most  terrible  halfe  hower  thatt 
ever  he  had,  they  asked  how  he  could  doe  itt  if  he  had  no 
pleasure  in  itt,  he  answered  he  was  driven  by  the  power  of  the 
devill  and  the  strength  of  his  [corr]upti6  to  doe  the  thing. 
[31]  II  John  Clarke  testified  thatt  he  had  beene  w^h  the  said 
Georg  Spencer  in  prison,  and  asked  him  whether  he  did  comitt 
thatt  sin  of  beastiality  charged  upon  him,  the  prisoner  answ^ 
yea ;  he  the  said  John  Clarke  asked  him  againe,  butt  did  you 
doe  itt,  he  answered  I  did  doe  itt ;  againe  John  Clarke  asked 
him,  butt  did  you  doe  itt,  he  answered  the  third  time,  he  did 
doe  itt.  John  Clarke  replyed,  though  there  were  none  thatt 
knew  of  it  butt  yo""  owne  selfe,  and  thatt  yo""  confessio  might 
prove  dangerous  to  you,  yett  would  you  confess  itt,  he  an- 
swered thatt  he  did  doe  itt.  John  Clarke  asked  him,  if  he 
were  not  drawne  to  confess  itt  in  hope  of  favo"",  and  said  did 


68  NEW  HAVEN   COLONY  RECORDS.  [1641 

you  doe  itt,  he  answered  he  did  doe  itt ;  then  John  Clarke 
asked  him,  why  he  had  denyed  itt  to  the  magistrates,  the  pris- 
oner answered  thatt  he  had  nott  denyed  itt  to  the  magistrates, 
butfonely  said  he  did  nott  know  thatt  he  did  itt.  John  Clarke 
asked  him  why  he  did  now  confess  itt,  he  answered  because 
he  did  doe  itt. 

Roger  Alen  testified  thatt  he  was  p'sent  when  the  former 
discourse  passed  betwixt  John  Clarke  and  the  prisoner,  and 
thatt  he  the  said  Roger  Alen  asked  the  prisoner  why  he  con- 
fessed the  fact,  he  answered  because  he  did  doe  itt,  and  the 
monster  was  like  him.  Roger  Alen  further  testified  thatt  the 
prisoner  sent  for  him,  as  one  he  knew  in  olde  England  and 
thatt  knew  his  friends,  and,  as  the  prison""  said,  w^h  a  purpose 
to  deny  the  fact,  yett  when  the  said  Roger  Allen  came,  the 
prisoner  reconed  up  many  sins  of  w«^h  he  was  guilty,  against 
his  parents  and  against  his  maister,  and  att  last  named  this 
abominable  fact  w^h  he  wondered  att,  having  sent  for  him  w^h 
a  contrary  purpose. 

Robt  Ceely  the  Marshall  added  to  his  former  testimony, 
thatt  having  in  prison  heard  the  said  George  Spencer  deny  the 
fact  after  so  many  confessions,  and  after  he  had  intreated  the 
prayers  of  the  church  for  the  pardon  of  thatt  perticular  sinne, 
the  said  Robert  Seely  asked  him,  how  he  durst  mock  God  in 
putting  up  a  bill  desiring  the  congregatio  to  pray  for  the  pardon 
of  thatt  sinne  w<=h  now  he  denyeth.  The  prisoner,  after  some 
pause,  confessed  to  him  thatt  he  did  comitt  the  fact,  and  desired 
him  to  looke  upon  him  as  one  acted  by  the  devill  in  denying  itt. 

This  cleare  and  plentifull  testimony  and  evidence  being 
given  in  Court  to  the  prisoners  face,  out  of  his  owne  mouth, 
thatt  he  had  freely  and  often  confest  the  the  fact  w*h  the  scir- 
cumstances  and  his  confession  concurring  w4i  the  worke  of 
God,  as  itt  were  poynting  him  out  in  the  monster,  the  prison' 
was  asked  whatt  he  had  to  say  against  the  wittnesses,  or  against 
their  testimony,  he  answered  thatt  the  witnesses  did  him 
wrong,  and  charged  things  upon  him  W^h  he  had  nott  spoken. 
Whereupon  the  Court,  (though  aboundantly  satisfied  in  the 
evidence,  and  the  prisoner  having  att  sundiy  times  upon  ex- 
aminatio  confest  the  fact  to  the  magistrates,)  yett  began  to 


1642]  NEW  HAVEN   COLONY  RECORDS.  69 

examine  the  witnesses  upon  oatli.  Whereupon  Robert  New- 
man, Mathew  Gilbert,  John  Clarke  and  Roger  Alen  upon  oath 
did  confirme  the  evidence  they  had  before  given,  and  others 
were  ready  to  doe  the  like,  butt  the  prisoner  stopped  the 
course,  confessing  what  they  had  testified  was  true,  and  by 
him  had  beene  spoken  to  them,  yett  obstinately  and  impudent- 
ly persisted  to  deny  the  fact. 

The  Court,  weighing  the  premises  did  finde  and  conclude 
the  prisoner  to  be  guilty  of  this  unnatureall  and  abominable 
fact  of  beastiality,  and  thatt  he  was  acted  by  a  lying  speritt  in 
his  denyalls.  And  according  to  the  fundamentall  agreem*, 
made  and  published  by  full  and  gen^ii  consent,  when  the  plan- 
tatio  began  and  government  was  settled,  that  the  judiciall  law 
of  God  given  by  Moses  and  expounded  in  other  parts  of 
scripture,  so  far  as  itt  is  a  hedg  and  a  fence  to  the  morrall  law, 
and  neither  ceremoniall  nor  tipicall,  nor  had  any  referrence  to 
Canaan,  hath  an  everlasting  equity  in  itt,  and  should  be  the 
rule  of  their  proceedings.  They  judged  the  crime  cappitall, 
and  thatt  the  prisoner  and  the  sow,  according  to  Levit.  20  and 
15,  should  be  put  to  death,*  butt  the  time  of  executio;  and  the 
kinde  of  death  were  respited  till  the  next  Gen'^i^  Court. 

[Page  32  of  the  original  is  blank.] 


[33]     A  Gen"^"  Court  the  6th  qf  the  2^  Moneth,  1642. 

Brother  Davis  and  bro :  John  Nash  admitted  members  of  the 
Court  and  accepted  the  charge  of  freemen. 

Mr.  Mitchell  and  John  Whitmore  of  Rippowams  was  allso 
admitted  members  of  this  Co^S  and  accepted  the  charge  of 
freemen. 

Mr.  Malbon,  Mr.  Gregson,  Mr.  Gilbert  and  Mr.  Wakeman 
chosen  deputyes  for  the  halfe  yeare  next  ensueing. 

The  plantatio  of  Rippowams  is  named  Stamforde. 

Whereas  the  Deputyes  for  Stamforde  complaine  thatt  their 
plantatio  are  att  some  difference  w^li  the  Indians,  and  there- 

*  It  would  appear  from  Winthrop,  H.  61,  that  he  was  not  condemned  to  death 
■without  advice  from  Massachusetts,  and  some  other  places. 


TO  NEW  HAVEN  COLONY  RECORDS.  [1642 

fore  require  help  of  advice  fro  this  Court  how  to  carry  towards 
them,  Itt  is  therefore  ordered,  thatt  the  magistrates  and  dep- 
utyes  for  this  plantatio  shall  advise  w'h  the  aforesaid  deputyes 
of  Stamforde  whatt  course  may  best  conduce  to  their  peace 
and  safety. 

John  Touttle  of  Yennycok,  deputed  by  the  Court  to  be  con- 
stable to  order  the  affayres  of  thatt  plantatio,  the  time  being, 
till  some  further  course  be  taken  by  this  Court,  for  the  settling 
"a  magistracie  there  according  to  God. 

Itt  is  ordered  thatt  every  planter  shall  pay  the  drumer  his 
last  yeares  wages  forthw^h  (viz)  6*1  a  peece  for  every  one  thatt 
is  in  the  watches,  and  his  wages  due  to  him  for  this  yeare  to 
be  payd  in  October  next  ensueing. 

Itt  is  ordered  that  Mr.  Malbon  shall  order  the  watches  and 
all  the  martiall  affayres  of  this  plantatio  dureing  Captaine 
Turners  absence. 

Itt  is  ordered  thatt  every  first  Wednesday  in  Aprill  and 
every  Wednesday  in  the  last  whole  weeke  in  October  shall  be 
a  Genrii  Court  held  att  Newhaven  for  the  plantations  in  com- 
bination w^i  this  towne. 

Itt  is  ordered  that  from  hence  forwarde  the  woods  and 
meadowes  shall  be  burned  the  tenth  of  March  every  yeare,  and 
therefore  every  man  is  to  take  care  to  secure  any  thing  thatt 
is  his,  w°h  may  be  in  danger  of  burning,  either  in  the  woods 
or  meadowes. 

Itt  is  ordered  thatt  no  yong  men  shall  live  by  themselves  in 
cellars,  butt  betake  themselves  to  such  famylyes  as  the  ma" 
thereof  may  nott  onely  watch  over  them,  butt  be  able  to  give 
and  account  of  or  concerning  them  or  their  conversatio  when 
they  shall  be  required. 

George  Spencer,  the  prisoner,  being  brought  forth,  was  de- 
maunded  whether  he  would  yett  give  glory  to  God  in  owning 
his  guilt  in  thatt  loathsome  sin  of  beastiality  wherein  God  from 
heaven  had  seemed  to  single  him  out,  and  himselfe  so  often, 
and  before  so  many  witnesses  had  made  acknowledgm*,  butt 
he  retayning  his  form"^  obstinacie,  peremtorily  denyed  itt, 
whereupon  Rob^  Newman  and  John  Clarke  gave  in  evidence 
in  Court  to  his  face,  thatt  since  he  was  sentenced  to  dye,  he 


1642]  NEW   HAVEN   COLONY  RECORDS.  71 

had  fully  confessed  the  fact  to  them.  Att  first  he  denyed  thatt 
he  had  so  done,  butt  they  minding  him  of  the  passages  betwixt 
him  and  them,  he  said  thatt  if  he  had  confessed  itt  he  knew 
nott  whatt  he  said,  butt  after  a  while,  he  acknowledged  thatt 
he  had  confessed  itt  to  them,  being  asked  in  Court,  why  he 
did  now  deny  itt,  he  answered,  because  he  neither  knew 
heaven  nor  hell. 

Ezechiell  Cheevers  testified  thatt  the  prisoner  had  confessed 
the  fact  to  him  since  he  was  condemned  to  dye,  and  did  allso 
professe  to  him  att  the  same  time  thatt  he  would  neu""  denye 
it  againe  while  he  lived.  The  said  Ezekiell  asked  him,  what 
people  might  thinke  of  him  if  he  should  deny  itt  againe,  if 
they  might  nott  justly  thinke  he  was  led  by  the  devill,  he  an- 
swered, they  could  thinke  no  lesse,  and  added,  the  Lord  might 
justly  have  strucken  him  dead  form^'ly,  or  might  have  caused 
the  earth  to  have  swallowed  him  upp  quick  for  denying  the 
fact  in  Court,  and  taking  the  name  of  God  in  vaine,  in  kneel- 
ing downe  and  calling  God  to  witness  his  innocencie,  when  he 
himselfe  knew  his  guiltiness,  all  wh  the  prisoner  acknowl- 
edged he  had  spoken  to  Ezekiell  Cheevers. 
[34]  II  Francis  Church  testified  thatt  the  prisoner  had  con- 
fessed the  fact  to  him  since  he  was  condemned,  and  tolde  him 
thatt  he  wondred  thatt  the  people  of  God  did  nott  come  to 
him,  and  thatt  he  feared  there  was  no  hope  of  him,  because 
the  people  of  God  did  not  speake  to  him  as  form^'ly  they  had 
done. 

The  prisoner  acknowledged  in  Court  thatt  he  had  confessed 
the  fact  to  Francis  Church,  though  he  had  formerly  oft  de- 
nyed itt,  and  further  confesseth,  that  Will  Harding,  a  sawyer, 
had  given  him  evill  councell  to  denye  itt. 

Being  hereupon  demaunded  in  Court  whether  he  would 
yett  give  glory  to  God  in  a  free  acknowledgm^  of  his  sinfull 
and  abominable  filthynes  in  the  beastiality  before  named,  he 
answered  he  would  leave  itt  to  God,  adding  thatt  he  had  con- 
demned himselfe  by  his  former  confessions. 

The  Court  seriously  considering  the  clearnes  of  the  testi- 
monyes  together  w^h  his  answers,  were  aboundantly  satisfied 
and  confirmed,  both  concerning  his  guilt,  and  their  form""  sen- 


72  NEW  HAVEN  COLONY  RECORDS.  [1642 

tence  against  him,  and  now  proceeded  to  determine  whatt 
time,  and  what  kinde  of  death  he  should  dye.  Itt  was  there- 
fore by  gen""^'  consent  concluded  and  adjudged,  thatt  on  the 
6th  day  next,  being  the  8  of  Aprill,  he  the  said  Georg  Spencer 
shall  be  hanged  upon  a  gallows  till  he  be  dead,  the  place  to 
be  the  farthest  part  of  the  feild  called  the  Oyster-shell  field, 
by  the  sea  side,  butt  thatt  first,  the  foremenconed  sow  att  the 
said  place  of  executio  shall  be  slaine  in  his  sight,  being  run 
through  w'h  a  sworde. 


The  8th  qp  Aprill,  1642. 
The  day  of  executio  being  come,  Georg  Spencer  the  prisoner 
was  brought  to  the  place  apoynted  by  the  Court  for  executio, 
in  a  cart ;  upon  sight  of  the  gallowes  he  seemed  to  be  much 
amazed  and  trembled,  after  some  pause  he  began  to  speake  to 
the  youths  about  him,  exorting  them  all  to  take  warning  by 
his  example  how  they  neglect  and  dispise  the  meanes  of 
Grace,  and  their  soules  good  as  he  had  done,  in  the  educatio 
he  had  from  his  parents,  the  govermt  of  his  religious  ma^",  and 
the  publique  ministry  he  had  lived  vnder,  by  all  w'^h  he  might 
have  gott  much  sperituall  good,  butt  thatt  his  hart  was  har- 
dened. In  perticularhe  directed  and  pressed  his  exhort,  upon 
Anthony  Stevens,  servant  to  Mr.  Malbon,  then  present,  who 
being  discontented  w'h  his  condico,  as  the  prisoner  had  heard, 
purposed  to  be  gone  from  this  place.  He  tolde  him  if  he  went 
from  the  ordinances  he  went  from  Christ,  as  he  had  heard  itt 
delivered  in  publique,  and  many  other  wordes  he  vsed  to  the 
same  purpose ;  w^h  being  finished,  he  was  advised  to  improve 
the  small  remainder  of  his  time  in  the  acknowledgm*  of  his 
owne  form''  sinfull  miscarriages,  together  w'h  the  abominable 
lewdnes  he  had  committed  w'h  the  sow  there  present,  and  his 
desperate  obstinacie  in  such  fearefull  denyalls  after  such  cleare 
and  full  confession  as  he  had  oft  made  before  sundry  wit- 
nesses. Att  first  w^h  the  acknowledgment  of  sundry  evills, 
both  in  his  yonger  yeares,  and  in  his  late  service,  he  joyned  a 
denyall  of  his  fact,  butt  the  halter  being  fastened  to  the  gal- 
lowes, and  fitted  to  his  neck,  and  being  tolde  it  was  an  ill  time 


1642]  NEW   HAVEN   COLONY  EECORDS.  73 

now  to  pvoke  God  when  he  was  falling  into  his  hands,  as  a 
righteous  and  seveere  judge  who  had  vengeanc  att  hand  for  all 
his  other  sins,  so  for  his  impudency  and  atheisme,  he  justified 
the  sentence  as  righteous,  and  fully  confessed  the  beastiality 
in  all  the  scircumstances,  according  to  the  evidence  in  Court, 
and  called  for  one  Will  Harding,  a  sawyer  there  present,  who 
coming  neare,  the  prisoner  charged  upon  him  the  murder  of 
his  soule,  affirming  tliatt  the  said  William  Harding  coming 
into  the  prison  to  him,  had  given  him  councell  to  deny  the 
fact,  and  had  tolde  him  thatt  the  Court  could  nott  proceed 
against  him,  butt  by  his  owne  confession,  W^h  pernicious 
councell  had  stopped  his  eare  against  all  wholsome  councell 
and  advice  thatt  had,  from  time  to  time,  beene  given  him,  both 
by  Mr.  Davenport  and  others,  for  his  sperituall  good,  and  had 
hardened  his  hart  to  such  a  peremtory  "denyall  in  Court, 
though  he  had  so  often  confessed  the  fact  more  privately,  and 
though  executio  had  beene  respited  betwixt  5  and  6  weeks 
[35]  after  the  ||  first  sentence,  and  his  life  so  long  spared, 
yett  the  councell  of  the  said  Harding  had  beene  a  meanes  to 
hinder  his  repentance,  and  now  he  was  ready  to  dye,  and  knew 
no  other  butt  he  must  goe  presently  to  hell.  Harding  denyed 
whatt  the  prisoner  charged  him  w^h,  butt  the  prisoner  w^h 
earnestnes  confirmed  whatt  he  had  spoken,  and  said  he  would 
beare  witness  of  itt  to  the  death,  and  wished  Harding  to  thinke 
of  itt,  for  he  was  a  cause  of  his  souls  damnatio.  Being  desired 
to  express  somthing  what  apprehensions  he  had  of  the  hay- 
nousnes  of  his  sin,  as  against  God,  and  whatt  impressions  of 
sorrow  were  wrought  in  him  for  itt,  and  whatt  desires  of  par- 
don and  mercie  in  Jesus  Christ,  he  could  not,  though  much 
pressed,  be  drawne  to  speake  a  word  to  any  of  those  purposes, 
and  in  this  frame  for  ought  could  be  discerned,  the  sow  being 
first  slaine  in  his  sight,  he  ended  his  course  here,  God  opening 
his  mouth  before  his  death,  to  give  him  the  glory  of  his  right- 
ousnes,  to  the  full  satisfactio  of  all  then  p^sent,  butt  in  other 
respects  leaving  him  a  terrible  example  of  divine  justice  and 
wrath, 

10 


74  NEW  HAVEN  COLONY  EECOEDS.         [1642 

[36]  Att  a  Couet  held  att  Newhaven  the  4th  op  the  3^ 
MoNETH,  1642: 

Itt  is  ordered  thatt  the  watches  shall  be  settled  forthw^h, 
consisting  of  31  watches,  7  men  to  each  watch,  the  ma" 
whereof  received  their  charge  given  by  the  magistrates. 

Itt  is  ordered  thatt  Mr.  Evance  shall  have  the  2  trees  w^h 
stands  before  his  house,  in  lew  of  2  peeces  of  timber  thatt 
brother  Andrews  had  of  his  about  the  meeting  house. 

Two  of  bro :  Wakemans  men  is  excused  fro  watching  for 
the  present,  because  of  their  imploym^  att  Pawgasett. 


Att  a  Couet  held  att  Newhaven  the  It.  of  June  1642. 

Itt  was  propounded  by  the  owners  of  the  mill  to  the  Courts 
consideratio  whether  the  towne  will  take  itt  into  their  hands, 
or  establish  itt  in  the  place  and  psons  hands  where  it  is. 

Mr.  Pearce,  being  ma""  of  a  watch  and  neglecting  to  order 
his  watch  according  to  his  charge,  was  onely  admonished, 
because  itt  was  the  first  time  that  he  hath  transgressed  the 
order  in  that  kinde. 


A  Couet  held  the  5*  day  of  the  6*.  Moneth  1642. 

Whereas  some  goods  of  Mr.  Broadstreets  and  Mr.  Saltings- 
tons  were  left  here  by  Goodman  Quick  ,  Mr.  Loudlow  desired 
to  have  an  attachm^  entred  agst  the  said  goods  for  one  debt  of 
three  pounds  and  another  debt  of  twenty  &  two  pounds,  of 
w^'h  the  Court  tooke  notice,  butt  demurred  in  granting  the 
attachmt. 

Itt  is  ordered  thatt  if  att  any  time  one  of  the  watches  be 
broake,  and  the  watchmen  devided  into  severall  watches,  the 
captaine  shall  give  warning  (to  those  ma^s  whome  itt  con- 
cernes)  of  the  alteratio,  least  there  be  mistaks  as  form^y. 

Itt  is  ordered  that  if  any  souldier  come  late  on  trayning 
dayes,  he  shall  show  himselfe  to  the  clarke  of  the  company, 
who  is  to  take  notice  of  his  comeing,  or  else  his  late  comeing 
shall  be  counted  as  totall  absence. 


1642]  NEW   HAVEN   COLONY  RECORDS.  75 

Josuah  Attwater,  by  reason  of  liis  weaknes,  is  excused  from 
traylng,  yett  to  serve  as  clarke  to  the  company  ;  he  is  content- 
ed on  trayning  dayes  to  take  the  names  of  the  souldiers,  and 
to  observe  who  is  absent  or  defective  and  p^sent  them  to  the 
Court,  and  for  that  end,  he  is  to  call  the  company  att  7  a 
clock  every  traylng  day. 

Itt  is  ordered  that  fro  hence  forwarde  none  of  the  watch- 
men shall  have  liberty  to  sleep  dureing  the  watch. 

Itt  is  ordered  thatt  on  trayning  dayes,  one  man  shall  stay 
at  home  in  every  farme  house,  to  prevent  such  danger  as  may 
happen  or  fall  out  at  the  farms  if  none  should  be  left  to  keepe 
them. 

Richard  Beach  for  nott  perforing  covenant  in  the  worke 
w^h  he  undertooke  to  doe  att  the  mill,  w^h  he  was  to  doe 
strongly  and  substantially,  butt  did  itt  weakely  and  sleightly 
as  was  ivas  proved  by  the  testimony  of  John  Wakefield  the 
miller,  himselfe  allso  nott  denying  itt ;  Itt  was  ordered  that 
he  should  make  good  the  damage,  butt  because  the  damage 
is  not  justly  known  what  itt  is,  Mr.  Goodyeare  and  Mr.  Gregson 
are  to  [vejiw  the  worke,  and  consider  off  and  sett  downe  the 
damage  by  his  [defecjtive  workmanship. 
[37]  II  Goodman  Barker,  for  neglecting  to  watch,  was  fined 
five  shillings,  and  his  man  for  comeing  to  watch  wUiout  pouder 
fined  Is. 

Samuell,  servant  to  Edward  Chipperfield,  for  comeing  to 
watch  wUi  his  armes  defective,  was  fined  2^ 

Mr.  Evance  is  spared  fro  personall  trayning,  provided  thatt 
he  finde  a  man  in  his  roome,  or  else  pay  to  the  company  a 
man's  hyre  every  trayning  day. 

A  difference  betweene  Mr.  Evance  and  Goodm  Mead  is  re- 
ferred to  Mr.  Gilbert  and  Mr.  Gregson  w*h  the  consent  of 
both  ptyes. 

Samuell  Hoskings  and  Elizabeth,*  for  their  filthy  dalliance 
together,  w^h  was   confessed  by  them  both,  they  were  both     ^ 
severely  whipped. 

*  In  the  margin,  "  Hoskins  and  his  wife." 


76  NEW   HAVEN   COLONY  RECOEDS.  [1642 

A  Gen'"^!  Court  held  att  Newhaven  the  G^h  of*  the 
6  moneth  1642. 

Brother  Abbott  and  brother  Whitehead  admitted  members 
of  the  Court  and  received  the  charge  of  freemen. 

Rob*  Ceely  chosen  leweten^  of  the  trayned  band,  &  Fran : 
Newma  ancient.  Bro :  Andrewes,  bro :  Mounson,  bro :  Clarke 
and  Goodman  Jeffreyes  was  chosen  sergeants. 

Brother  Kimberly,  bro :  Mosse,  bro  :  John  Nash,  and  bro  : 
Whitehead  chosen  corporalls. 

Itt  is  ordered  that  the  gen^' :  trayning  dayes  shall  be  ob- 
served once  every  month  ^  for  the  whole  company,  and  thatt 
whosoever  shall  not  appeare  when  he  is  called,  his  fine  is  1«. 
If  totally  absent,  or  dept  w^hout  leave  before  the  company 
breake  tip,  his  fine  is  5^ 

Itt  is  ordered  thatt  all  those  thatt  have  musketts  or  guns 
shall  keepe  them  still,  and  the  pikes  thatt  are  made  shall  be 
att  the  townes  charge,  and  kept  for  the  townes  vse  and  service. 

Itt  is  ordered  that  their  shall  no  other  mill  be  built  for  this 
towne,  provided  thatt  the  mill  thatt  now  is  be  so  fitted  as  thatt 
itt  may  serve  the  townes  occasion  to  grinde  both  Indian  and 
English  corne  well. 

Memord.  The  Court  declared  their  app^hensions  thatt  itt 
was  formi'ly  ordered  thatt  a  cart  bridge  should  be  made  over 
the  East  River  att  the  towns  charge  next  spring. 

Goodma  Moulthrop  is  allowed  to  have  6  acres  of  land  added 
to  his  lott  in  the  first  divisio,  and  12  acres  in  the  2''. 

Itt  was  ordered  thatt  one  of  the  squadrons  in  course,  shall 
traync  every  last  day,  except  onely  thatt  weeke  in  w<^h  the 
gen""!!  trayning  is  (w^h  is  to  be  every  fift  weeke,)  and  whoso- 
ever shall  come  late  to  those  weekly  traynings,  his  fine  is  6^. 
If  totally  absent,  his  fine  is  2^-Q'^.  He  y*^  shall  come  after  the 
second  drum  hath  left  beating,  shall  be  accounted  a  late 
commer. 


1642]  NEW  HAVEN  COLONY  RECORDS.  77 

[38]  A  Court  held  att  Newhaven  the  2^   of  the  7*^ 

Mon:  1642. 

Mathew  Wilson,  for  killing  a  dog  of  Mr.  Perryes  willfully 
and  disorderly,  finde  20^.  for  his  disorder,  and  ordered  to  pay 
20^  damage  to  Mr.  Perry,  w^h  40^.  Edward  Chipperfield  vn- 
dertooke  to  see  payd  by  the  last  of  September  next. 

John  Lovell,  the  miller,  for  sinfull  dalliance  w^h  a  little 
wench  of  Goodm  Halls,  was  whipped.  ^ 


A  Court  the  7^^  of  Sept.  1642,  held  att  Newhaven. 

Tho :  Pell  and  attournay  for  the  executo''  of  Richard  Jew- 
ell, demaunded  the  remainder  of  the  tearme  of  nine  yeares  w^h 
Thomas  Toby  late  servant  to  Jerymy  Whitnell,  W^h  bound  by 
covenant  to  serve  w^h  the  said  Richard  Jewell  as  appeared  by 
his  indenture,  wherevpon  the  Court  wUi  the  consent  of  the 
ptyes,  referred  to  Captaine  Turner  and  Mr.  Evance  to  consider 
of  and  sett  downe  what  damage  the  said  Richard  Jewell  might 
have  in  his  disbursm^s  and  adventures  about  the  said  Thomas 
Toby,  tliatt  what  appeares  to  be  equall  may  be  retourned  to 
the  executo''s  of  the  said  Rich :  Jewell  out  of  the  wages  of 
the  said  Tho :  Toby. 

Thomas  Dickinson,  being  convicted  of  stealing  divers  things 
from  severall  psons,  as  Mr.  Goodyeare,  Mr.  Evance  and  others 
(who  had  imployed  and  intrusted  him  wUi  many  things  and 
businesses)  and  for  diverse  other  notorious  crimes,  as  lyeing 
and  counterfeating,  and  denying  his  name  &c,  his  sentence 
was  to  be  severely  whipped,  and  to  make  two  folde  restitutio 
for  all  thatt  is  proved  against  him  or  confest  by  him  to  be 
stolen  by  him,  and  to  work  in  irons  vntill  he  have  done  the 
same,  and  given  satisfactio  for  other  debts  w^h  he  owes  in  the 
towne. 

Samuell  Hoskins  and  Elizbeth  Cleverley,  being  desireous  to 
joyne  together  in  the  state  of  marryage,  and  nott  being  able 
to  make  prooffe  of  their  parents  consent,  butt  seeing  they  both 
affirme  they  have  the  consent  of  their  parents,  and  w^h  all 
haveing  entred  into  contract,  sinfully  and  wickedly  defiled 


78  NEW  HAVEN  COLONY  EECOEDS.  [1642 

each  other  w'^h  filthy  dalliance  and  vncleane  passages,  by  ■w<'h 
they  have  both  made  themselves  vnfitt  for  any  other,  and  for 
w^h  they  have  both  received  publique  correctio,  vpon  these 
considerations,  granted  them  liberty  to  marry. 


[39]     A  Gen""!!  Court   held   att  Newhaven  the  17^^  of 

Sept.  1642. 

Itt  is  ordered  thatt  when  any  allarum  is  made  upon  the  ap- 
proach of  any  enemy,  every  souldier  in  the  towne  is  to  repaire 
to  the  meeting  house  forth  with,  and  nott  to  loose  time  in 
attend-ing  his  owne  private  concernments,  except  onely  in 
case  of  some  present  assault  in  or  rieare  the  place  where  he 
is,  or  at  least  some  discovery  of  Indians  comeing  in  a  hostile 
manner. 

Itt  is  ordered  thatt  in  case  of  any  expiditio  against  the 
Indians,  whosoever  the  captaine  or  leivetennant  shall  thinke 
meete  to  send  forth  vpon  service  (w^li  approbatio  of  the  mag- 
istrates) shall  forthw^h  goe  w*^hout  any  further  dispute,  and 
judge  themselves  called  to  goe,  though  itt  should  be  to  the 
extreame  hazard  of  their  lives,  and  if  any  man  shall  refuse 
to  goe  upon  such  a  call,  the  magistrates  is  to  presse  him  to 
goe,  whether  he  will  or  no. 


A  Gen''1i  Court  op  Elections  the  26'^  op  the  S^h  Moneth, 
1642,  att  Newhaven. 

Mr.  Eaton  and  Mr.  Goodyeare  are  chosen  magistrates  for 
this  towne  this  ensueing  yeare. 

Goodman  Warde  of  Stamforde,  is  chosen  constable  for 
Stamforde  this  ensueing  yeare. 

Mr.  Malbon,  Mr.  Gregson,  Mr.  Gilbert  and  Mr.  Wakema  are 
chosen  deputyes  for  this  ensueing  yeare  to  assist  in  the  Courts 
by  way  of  advice,  butt  nott  to  have  any  power  by  way  of 
sentence. 

Mr.  Gregson  is  chosen  Treasurer. 

Thomas  Fugill  is  chosen  Secretary. 


1642]  NEW  HAVEN   COLONY  RECORDS.  79 

Eobert  Ceely  chosen  Marshall. 

Itt  is  ordered  thatt  the  magistrates  and  deputyes  w^h  Cap- 
atane  Turn^  and  Leivetennant  Seely,  shall  advise  w'h  the 
deputyes  of  Stamforde,  how  they  may  carry  towards  the  In- 
dians about  them,  who  have  comitted  divers  insolencies  and 
injuries  to  the  people  there. 

Itt  is  ordered  thatt  whosoever  findes  any  things  thatt  are 
lost  shall  deliver  them  to  the  marshall  to  be  kept  safe  till  the 
owners  challeng  them. 


[40]     A  Court  held   att  Newhaven  the  2^   of  Nouem: 

1642. 

Whereas  there  hath  beene  two  attatchments  out,  in  the 
hands  of  Mr.  Gregson,  the  one  in  the  behalfe  of  Mr.  Pocock, 
and  the  other  on  the  behalfe  of  Mr.  John  Evance  of  Newha- 
ven, concerning  some  goods  left  here  by  Mr.  Owen,  Itt  is 
therefore  ordered  thatt  those  attatchments  shall  nott  take  away 
the  said  goods  from  this  place,  untill  this  Court  have  scene 
and  determined  the  equity  of  those  attatchments. 

Att  the  request  of  Mr.  Malbon,  Itt  is  ordered  that  an  attach- 
mente  be  sent  forth  to  detaine  all  the  goods  left  in  the  hands 
of  Captaine  Turner  by  Mr.  Owen,  vntill  the  Court  have  or- 
dered concerning  them. 

Forasmuch  as  the  causway  to  the  west  side  beyond  the 
bridge  is  damaged  by  the  cowes  goeing  thatt  way,  before  the 
workemen  had  fully  finished  the  same,  Itt  is  therefore  ordered, 
that  John  Wakeman,  Josuah  Attwater,  John  Clarke  and  An- 
thony Tompson  shall  veiw  the  damage,  and  sett  downe  whatt 
in  their  judgm^s  they  conceive  is  for  the  workemen  to  have 
in  way  of  satisfactio. 

Itt  is  ordered  thatt  if  their  be  any  goods  due  to  John 
Woollen  in  the  marchants  hands  in  reference  to  Delaware  Bay, 
there  shall  be  3i  detained  to  secure  a  debt  to  Mr.  Bryant  of 
Milforde  till  things  be  cleared  betwixt  John  Woollen  and  him. 

Itt  is  ordered  thatt  Mathew  Hitchcock  shall  either  pay  20^ 
to  Mr.  Perry  w^h  he  vndertooke  in  the  behalfe  of  his  brother, 
or  else  sell  so  much  of  his  brother's  goods  as  will  satisfie  the 
said  debt. 


80  NEW  HAVEN  COLONY  RECORDS.  [1642 

Itt  is  ordered  thatt  John  Mason,  Sam:  Higginson  and 
George  Badcoke  shall  pay  to  Thomas  French  the  su  of  20^ 
for  takeing  his  cannow  w^hout  leave,  according  to  an  order  in 
thatt  case. 

By  a  letter  from  Mr.  Marshall  to  Mr.  Hill  of  Winsor, 
hearing  date  the  1^^  of  Aprill  1636,  and  a  letter  to  Good- 
ma  Mansfield,  dated  the  13  of  October  1641,  itt  is  evidenced 
to  this  Court  thatt  some  of  the  cattell  goeing  under  the  name 
of  Mr.  Trobridge  doth  belong  to  Mr.  Marshall  as  his  pp  goods, 
namely  a  white  cow,  red  sparkled,  a  heifer,  white  and  red 
sparkled,  and  one  white  and  blacke  sparkled ;  Henry  Gibbons 
testimony  allso  concuring  w'h  the  aforesaid  letters. 

Jervas  Boykin  is  ordered  to  pay  vnto  George  Badcocke  the 
su  of  20^  for  taking  his  cannow  w^hout  leave. 

Mr.  Gregson  affirmed  thatt  he  hath  nott  received  paym*  for 
the  passage  of  Thomas  Toby,  wherevpon  Mr.  Pell  as  attour- 
nay  for  Richard  Jewells  executours  undertooke  to  see  him 
satisfied. 

The  difference  betweene  Mrs.  Stolyo  and  Mr.  Eliz :  Good- 
ma  wUi  their  owne  consents  is  refered  to  Mr.  Goodyeere  and 
Mr.  Greo-son  to  determine. 


[41]     A  Gen^ii  Court  held  att  Newhaven  the  7^^  of 
Nouem:  1642. 

Brother  Brockett  admitted  member  of  this  court,  and 
received  the  charg  of  freemen. 

Bro :  Kimberley  chosen  Marshall  in  stead  of  bro :  Ceely. 

Itt  is  ordered  thatt  if  any  member  of  the  Court,  being 
warned  to  the  Gen"""  Courts,  shall  not  come  and  make  their 
appearance  in  the  Court  before  all  the  names  of  the  members 
be  read  ouer  by  the  Secretary,  his  fine  is  1^  6^,  and  if  any  of 
the  rest  of  the  planters  shall  be  absent  after  their  names  allso 
be  read,  his  fine  is  1^. 

Itt  is  ordered  thatt  those  who  have  their  farmes  att  the 
river  called  Stony  River  shall  have  liberty  to  make  a  since  in 
the  river  for  their  owne  conveniencie. 


1642]  NEW  HAVEN  COLONY  RECORDS.  81 

A  Court  held  att  Newhaven  the  7*^  of 
December  1642. 

Forasmuch  as  John  Owen  hath  had  some  damage  doile  in 
his  corne  by  hogs,  occasioned  through  the  neglect  of  Mr.  Lam- 
berton,  John  Bud  and  Wiil.  Preston  in  nott  makeing  vp  their 
fence  in  season,  itt  is  therefore  ordered  thatt  tlie  said  Mr. 
Lamberton,  John  Bud  and  Will.  Preston  shall  make  satisfac- 
tio  to  the  said  John  Owen  for  the  damage  done,  (viz)  eight 
dayes  worke  and  two  pecks  of  corne,  w^h  is  to  be  payd  accord- 
ing to  the  severall  pportio^  of  fence  vnsett  vp  respectively. 

Mr.  Evance  delivered  into  the  Court  an  awarde  betweene 
Goodma  Whitnell  and  Tho :  Toby  on  the  one  pt,  and  Mr.  Pell, 
attournay  for  the  executo''  of  Kichard  Jewell  on  the  other  pt, 
wherein  Thomas  Toby  is  awarded  to  pay  vnto  Mr.  Pell  three 
pounds  six  shillings  and  fewer  pence,  w^h  Goodman  Andrewes 
and  Goodma  Whitnell  vndertooke  to  pay  in  his  behalfe.  And 
itt  is  ordered  thatt  the  said  Thomas  Toby  shall  be  bound  ap- 
prentice for  three  yeares,  (from  the  end  of  his  form''  tearme 
w^h  Goodman  Whitnell)  to  them,  the  said  Goodma  Andrewes 
and  Goodman  Whitnell,  who  are  to  finde  him  foode  and  ray- 
ment  convenient,  till  the  said  three  yeares  be  expyred. 


A  Court  held  att  Newhaven  the  4*^1  of  the  ll^ii 
MONETH  1642. 

Will  Harding  being  convicted  of  a  great  deale  of  base.car- 
ryage  and  filthy  dalliances  wUi  divers  yong  girles,  together 
w'h  his  inticeing  and  corrupting  divers  servants  in  this  plan- 
tatio,  haunting  w^h  them  in  night  meetings  and  juncketting, 
&c,  was  sentenced  to  be  seveerly  whipped  and  fined  five 
pounds  to  Mr.  Malbon,  and  five  pounds  to  Will  Andrewes,  ^/ 
(whose  famylyes  and  daughters  he  hath  so  much  dishono''ed 
and  wronged  in  attempting  to  defile  them,)  and  presently  to 
depart  the  plantatio,  and  not  to  retourne  vnder  the  penalty  of 
seveer  punishment. 

11      ,^<»o«i 


82  NEW   HAVEN   COLONY  RECORDS.  [1642 

[42]     A  GENr"  Court  the  16th  of  11th  Moneth  1642. 
Att  Newhaven. 

Brother  Lamson  admitted  member  of  the  Court  and  ac- 
cepted the  charge. 

Itt  is  ordered  thatt  two  pounds  shall  be  made  forthwth,  one 
att  brother  Whiteheads  corner,  w^h  brother  Peck  is  to  keepe, 
and  another  by  the  creeke,  (where  brother  Nash  his  shopp  did 
stand)  Wli  brother  Kimberley  is  to  keepe.  Thatt  cattell  tres- 
passing may  be  putt  in  and  kept  vntill  itt  appeare  who  shall 
pay  the  fine  and  beare  the  damage,  either  the  owners,  if  they 
have  putt  them  in,  or  if  their  keepers  have  beene  negligent  or 
the  cattell  beene  unruly  have  gott  in  when  the  fences  have 
beene  sufficient,  or  they  whose  fences  have  beene  defective  or 
who  have  left  open  or  broken  downe  gates  or  fences  or  by  any 
other  meanes  have  occasioned  the  damage,  in  all  such  cases 
the  goueno^'s  to  answer  for  those  vnder  them,  butt  they  againe 
to  satisfy  their  gou''no''«  as  shall  be  judged  meet,  and  the 
keeper  of  the  pound,  for  impounding  every  mans  cattell  to 
have  of  the  trespasser  2''  a  head  for  hogs  and  all  greater  cat- 
tell, and  a  pony  a  head  for  goates  and  kids,  halfe  to  the 
bringer  in  of  the  cattell  &  halfe  to  the  pound,  or  if  the  pinder 
take  all  the  paines  he  is  to  have  all. 

Itt  is  ordered  thatt  the  Neck  shall  be  a  stinted  coiho  for  cat- 
tell, and  fenced  &  fitted  wtli  gates  to  keep  in  and  out  accord- 
ing to  order,  and  then  he  thatt  breaks  or  leaves  open  gates  or 
putts  in  any  cattell  contrary  to  the  order  (the  gou^no''  to  ans- 
wer for  those  vnder  him  as  above)  to  pay  for  every  beast  by 
the  weeke  (any  lesse  time  then  a  weeke  reconed  a  weeke,)  3''. 
Note  thatt — 12  acres  to  a  horse,  6  acres  to  an  oxe,  3  acres  for 
a  yong  steere  nott  above  2  yeares  olde,  and  2  acres  for  a  calfe, 
and  none  are  to  putt  cattell  into  the  neck  above  this  proportio. 

Itt  is  ordered  thatt  all  those  thatt  have  their  meadowes  in 
the  west  meadowes  shall  heard  their  cowes  on  the  west  side 
onely,  and  all  the  rest  of  the  towne  are  to  keepe  their  cowes 
on  this  side,  and  nott  att  all  to  heard  them  beyond  the  West 
river  for  this  yeare,  and  no  dry  cattell  are  to  goe  wth  the 
heards  of  cowes  vnder  the  penalty  of  3'^   a  weeke  for  every 


1642]  NEW   HAVEN    COLONY   RECORDS.  83 

head,  the  one  halfe  to  be  payd  by  the  owners,  and  the  other 
halfe  by  the  heard. 

Itt  is  ordered  thatt  a  booke  shall  be  kept  by  the  Secretary, 
of  all  the  alienations  whether  houses  or  lands  belonging  to 
this  plantation,  butt  no  entry  to  be  made  w'hout  order  of  the 
Court,  and  every  such  entry  to  be  accounted  good,  according 
to  the  nature  and  intent  of  itt,  against  any  form'"  promise, 
covenaunt,  bargaine  or  morgage  nott  so  entered,  though  such 
deeds  or  promise  shall  have  their  just  force  against  such  per- 
son or  persons  thatt  made  them,  and  against  any  other  part  of 
his  estate,  and  for  every  such  entry  the  secretary  to  be  payde 
2^ 

Itt  is  ordered  thatt  the  magistrate  shall  keep  a  booke  of 
every  warrant  and  attatchment  given  out  by  him,  and  direct 
them  to  the  marshall,  and  thatt  the  marshall  for  serveing  them 
receive  of  the  plaintiff,  till  itt  be  ordered  who  shall  pay,  4^  for 
a  warrant,  and  6*^  for  an  attatchment.  For  every  tryall  in  the 
Court,  the  plaintiff  or  deffendant,  or  both  (if  there  be  cause) 
pay  to  the  Treasurer  ouer  and  above  the  warrant  or  attachm* 
2^ 

Itt  is  ordered  thatt  every  one  warned  to  the  Court  for  trans- 
gressing any  Gen^ii  Courts  order,  and  found  an  offendo"",  or 
being  warned  for  fines  or  rates  due  and  the  same  haveing 
beene  first  pryvately  demaunded  by  the  Treasurer  or  Marshall, 
shall  pay  to  the  Marshall  4'*. 

Itt  is  ordered  thatt  every  one  comitted  to  prison,  besides 
after  charges  and  attendance  as  the  Court  shall  judge,  shall 
pay  the  Marshall  for  turning  the  key — 1^. 

Itt  is  ordered  thatt  a  whole  yeares  rate  be  forthw'h  payd 
w^hin  6  weekes  att  the  most,  [a]nd  the  constant  yearely  rates 
to  goe  on  in  their  halfe  yeares  course,  according  [to  the]  form"" 
order,  notwUistanding. 

[43]  Itt  is  ordered  thatt  whosoever  cutteth  or  caiiseth  any 
tree  to  be  cutt  downe  vpon  any  comon  w4iin  2  miles  of  any 
pt  of  the  towne,  w^liout  leave,  contrary  to  order,  shall  leave 
the  tree  to  the  towne,  lose  all  his  labo'',  and  pay  1^  fine.  If 
he  carry  away  the  tree  or  any  pt  of  itt  he  shall  pay  further 
damage  as  the  Court  shall  judg  meete. 


84  NEW   HAVEN   COLONY  RECORDS.  [1643 

A  Court  holden  att  Newhaven  the  1'  op  the  l"^  Mon  : 

1643. 

Jolm  Laurence  and  Valentine,  servants  to  Mr.  Malbon,  for 
imbezilling  their  ma""^  goods,  and  keeping  disorderly  night 
Aneetings  w'li  Will  Harding,  a  lewd  and  disorderly  person, 
V  plotting  w4i  him  to  carry  their  ma""^  daughter  to  the  farmes 
in  the  night,  concealing  divers  vncleane  filthy  dalliances,  all 
wh  they  confessed  and  was  whipped. 

Ruth  Acie,  a  covenant  servant  to   Mr.    Malbon,  for  stub- 
^  ornes,  lyeing,  stealing  fro  her  M.^^,  and  yeilding  to  filthy  dal- 
^  liance  w^h  Will  Harding  was  whipped. 

Martha  Malbon  for,  consenting  to  goe  in  the  night  to  the 
farmes  wUi  Will  Harding  to  a  venison  feast,  for  stealing  things 
fro  her  parents,  and  yeilding  to  filthy  dalliance  w^h  the  said 
Harding,  was  whipped. 

Jane  Andrewes,  for  yielding  to  filthy  dalliance  w'h  the  said 
Harding,  was  whipped. 

Goodm  Hunt  and  his  wife  for  keepeing  the  councells  of  the 
said  William  Harding,  bakeing  him  a  pasty  and  plum  cakes, 
and  keeping  comj^any  w'h  him  on  the  Lords  day,  and  she  suf- 
fering Harding  to  kisse  her,  they  being  onely  admitted  to 
sojourne  in  this  plantatio  vpon  their  good  behavio'',  was 
ordered  to  be  sent  out  of  this  towne  w^hin  one  moneth  after 
the  date  hereof,  yea  in  a  shorter  time,  if  any  miscaryage  be 
found  in  them. 

Mr.  Mouleno'',  for  his  disorder  att  Totokett  in  building, 
fencing,  planting  and  the  like,  contrary  to  order,  after  he  had 
againe  and  againe  beene  warned  fro  this  Court  to  the  con- 
trary, he  haveing  no  right  so  to  doe,  haveing  sould  all  thatt 
plantatio  to  this  towne,  onely  reserving  liberty  for  a  lott  for 
himselfe  when  a  peo :  should  settle  there,  as  is  expressed  in 
his  owne  convayances,  since  W^h  time  as  he  passed  away  his 
whole  right,  he  purchased  a  peece  of  a  neck  discribed  in  a 
writeing  bearing  date  the  27^^  of  ^  1639,  writ  by  Mr. 
Gregson,  butt  in  itt  hath  forged  a  discriptio  differing  fro  thatt 
made  in  Mr.  Gregsons  presence,  and  thereby  layd  clame  to  the 
whole  necke,  whereas  the  other  was  lymitted  by  a  line  and 
marked  w^h  three  strokes,  butt  his  sentence  respited. 


1643]  NEW  HAVEN   COLONY  RECORDS.  85 

[■44]       A    GeN^II    HELD   ATT  NeWHAVEN   THE   5*^    OF  THE 
2d    MONETH,  1643. 

A  letter  from  Andrew  Ward  constable  att  Stamforde,  bear- 
ing date  the  3*^  of  this  pi'sent,  written  in  the  name  and  by  the 
consent  of  the  free  burgesses  there,  was  read,  wherein  they 
appoynt  Captaine  John  Vnderhill  and  Richard  Geldersleeve 
for  their  deputyes  att  this  Gen'"^i  Court,  and  desire  a  magis- 
trate may  be  chosen  for  the  better  carrying  on  of  their  affayres 
in  thatt  place,  and  doe  nominate  Mr.  Mitchell  and  Thirton 
Rayner  for  thatt  place.  Captaine  Ynderhill  and  Richard  Gel- 
dersleeve haveing  accepted  the  charge  given  here  to  members 
of  this  Court,  the  Court  proceeded  to  electio,  and  Thirston 
Rayner  was  chosen  magistrate,  to  execute  thatt  office  att  Stam- 
forde vntill  the  next  Gen'^ii  Court  of  Elections  att  Newhaven 
w'^h  will  be  in  October  next. 

Allso  vpon  a  motio  made  by  the  afforesaid  deputyes  for 
Stamforde,  Itt  is  ordered  by  this  Court  y*  those  fower  men 
allready  imployed  in  the  townes  occasions  there,  namely,  Cap- 
taine John  Vnderhill,  Mr.  Mitchell,  Andrew  Warde  and  Rob* 
Coe  shall,  (till  the  aforesaid  next  Gen'^^  Court  for  elections) 
assist  as  the  deputyes  att  Newhaven  in  councell  and  advice 
for  the  more  comely  carrying  on  of  publique  affayres,  the 
being  annexed  to  and  pi'served  in  the  magistrate  or  magis- 
tracie. 

Mr.  Malbon,  Mr.  Gregson,  Mr.  Gilbert  and  Mr.  Wakeman 
chosen  deputyes  for  the  next  halfe  yeare. 

Mr.  Malbon  chosen  Treasurer  for  this  yeare. 

Itt  is  ordered  thatt  leivetenaunt,  the  antient,  an  the  fower 
sergeants,  out  of  respect  to  their  places,  and  for  their  incour- 
agement,  shall  be  henceforth  exempted  fro  watching,  yett  so 
as  thatt  they  must  take  their  turnes  by  course  to  see  thatt  the 
watches  be  duely  observed. 

Itt  was  further  ordered  vpo  the  desire  of  the  aforesaid  dep- 
utyes for  Stamforde,  thatt  the  trayned  band  may,  (till  the 
aforesaid  next  Geni"!'  Court  for  elections,)  chuse  or  confirme 
inferio''  officers,  namely  a  sergeant  or  a  corporall,  or  both,  to 
exercise  them  in  the  millitary  way,  provided  thatt  such  officers 


86  NElW  HAVEN   COLONY  RECOEDS.  [1643 

be  both  members  of  the  church,  and  p'sented  to  and  approved 
off  by  the  magistrate  and  deputyes  for  Stamforde,  the  funda- 
mental! agreement  for  votes  and  elections  being  still  p'"served 
intyre  and  inviolable. 

The  Court  being  informed  thatt  peeces  of  eight,  both  in  the 
Matachusetts  Bay  and  some  other  places,  doe  by  order  passe 
currantly  att  five  shillings,  itt  was  ordered  thatt  they  shall 
pass  att  the  same  rate  both  here  and  att  Stamforde  among  the 
planters  till  the  Gen""!!  Court  see  cause  to  alter  itt. 

Itt  was  ordered  thatt  in  case  any  publique  occasio  require 
the  helpe  of  labourers  or  workmen  on  trayning  dayes,  the  mag- 
istrate may  send  to  the  Captaine  for  so  many  as  the  case  re- 
quires, or  if  itt  fall  out  att  other  times  when  there  is  no 
trayning,  and  thatt  men  cannott  otherwayes  be  had  or  pro- 
cured for  the  carrying  on  of  sonje  necessary  worke  W^h  is  of 
publique  concernment,  the  magistrate  may  putt  forth  an  act 
of  authority  and  pi'sse  men  for  the  said  service  and  the  effect- 
ing thereof. 

Itt  is  ordered  thatt  brother  Abbott  and  brother  Hull  shall 
be  freed  fro  trayning,  by  reason  of  their  bodyly  infirmityes. 
[45]  Itt  is  ordered  thatt  brother  Attwater  and  Rob'  Hill 
shall  be  exempted  fro  watch  in  their  owne  persons,  by  reason 
of  their  bodyly  infirmityes,  yett  so  as  to  finde  each  of  them  a 
man  to  watch  in  their  roome. 

Itt  is  ordered  thatt  sister  Preston  shall  sweep  and  dresse  the 
meeting  house  every  weeke,  and  have  1^  a  weeke  for  her 
paines. 

Whereas  Goodma  Osborne  hath  heretofore  spoyled  divers 
hides  in  the  taning  wh  he  aleadgeth  was  for  want  of  skill  or 
experience  in  the  tanne  of  this  country,  he  promiseth  for  the 
time  to  come  to  make  good  whatt  is  spoyled  in  the  taning,  for 
now  ho  knowes  the  nature  of  the  tanne,  and  therefore,  if  any 
hides  be  now  spoyled  itt  is  through  his  default. 


1643]  NEW   HAVEN   COLONY  RECORDS.  87 

A  Gen"""  Court  the  6'  of  the  2^  moneth  1643. 

Itt  was  ordered  tliatt  Mr.  Eaton  and  Mr.  Gregson  as  com- 
issioners  for  this  jiirisdictio  of  Newhaven  shall  goe  w'^h  other 
comissioners  for  other  plantation  into  the  Bay  of  Massacusetts 
to  treate  about  a  Gen^n  combinatio  for  all  the  plantations  in 
New  England,  and  to  conclude  and  determine  the  same,  as  in 
their  wisdome  they  shall  see  cause,  for  the  exalting  of  Christs 
ends  and  advanceing  the  publique  good  in  all  the  plantations. 

And  allso  thatt  Mr.  Goodyeare,  o""  pasto"",  the  fower  depu- 
tyes,  together  w^h  Georg  Laml)erton,  Rob'  Newman  and  Tho  : 
Fugill  shall  meete  and  advise  wUi  them  before  they  goe,  the 
better  to  p''pare  them  for  thatt  greate  and  weighty  busines. 
And  more  ouer  thatt  if  any  of  the  members  of  the  Court,  or 
of  the  plantatio  have  any  thing  of  weight  to  suggest  for  con- 
sideratio,  they  are  desired  to  repaire  to  the  comittee,  or  any 
one  of  them  to  cast  in  whatt  light  they  can. 


A  Gen''11  Court  the  26th  qp  the  2''  Moneth,  1643. 

The  comissioners  aforesaid  desired  the  Court  now  to  pro- 
pou]id  any  thing  to  them  thatt  they  would  have  considered  of 
in  reference  to  the  foremenconed  combinatio,  and  thatt  if  any 
of  them  had  any  light  to  cast  in  to  them,  thatt  they  would  att 
this  time  impart  itt,  because  the  time  of  their  goeing  drew 
neare ;  butt  the  whole  Court  seemed  to  rest  satisfied  in  the 
wisdome  and  faithfullnes  of  those  Wh  they  had  chosen  and 
intrusted  for  thatt  great  busines,  and  therefore  had  nott 
thought  of  any  thing  butt  whatt  they  thought  had  beene  con- 
sidered off,  and  would  be  provided  for  by  those  intrusted. 

Itt  is  ordered  thatt  Goodm  Osborne  shall  have  liberty  to 
cutt  downe  some  trees  in  the  comon  to  gett  bark  for  his  tan- 
ning, and  the  trees  to  remaine  to  the  townes  vse,  either  for 
posts,  railes  or  other  vses  as  the  Court  shall  see  cause  to  dis- 
pose of  them. 


tx 


88  NEW  HAVEN  COLONY  RECORDS.  [1643 

[46]  A  Court  held  att  Newhaven  the  3"^  op  the  3^1 

MONETH. 

Nicholas  Gennings  for  comitting  fornicatio  w*h  Magerett 
Bedforde  was  seveerely  whipped,  butt  liis  punishmt  for  other 
misdemeaiio''s  respited  vntill  another  Court. 


A  Court  held  att  Newhaven  the  7^^  of  the  4*^  moneth,  1643. 

James  Stewart,  the  last  trayning  day,  for  runing  att  Robt 
Campio  w4i  his  pike,  whereby  he  tore  his  doublett,  and  might 
have  hurt  him,  was  fined  5»  for  the  disorder,  w'^h  might  have 
beene  of  evill  consequence. 

Bro:  Brockett,  for  late  coming  to  traine  fined  1^. 

Joh.  Beach,  haveing  killed  a  cow  of  George  Smyths  w'h  the 
falling  of  a  tree,  the  said  George  required  satisfactio,  foras- 
much as  he  conceiveth  thatt  the  said  John  did  itt  through 
negligence,  butt  he  the  said  John  Beach  alleadged  for  himselfe, 
thatt  he  did  nott  doe  itt  negligently,  for  he  being  falling  a  tree, 
there  came  some  cowes  about  him,  and  the  tree  in  the  falling 
did  rest  vpon  the  bowes  of  another  tree  thatt  stoode  neare,  and 
then  he  left  the  tree,  and  drave  away  the  cowes  as  he  did  con- 
ceive w'hout  the  reach  of  the  tree,  and  in  the  meane  time 
some  goates  coming  vnder  the  tree  he  retourned  to  drive  them 
away  allso,  and  then  came  in  haste  to  give  3  or  4  chops  att  the 
tree  to  hasten  the  falling  of  itt  before  the  cattell  could  come 
againe. 

Butt  itt  was  testifyed  by  brother  Andrewes  and  brother 
Tompson  (who  were  intreated  to  veiw  the  cow  and  the  place,) 
thatt  he  had  nott  done  whatt  in  reason  he  might,  and  ought 
to  have  done  to  pi"serve  the  cattell,  and  thatt  if  he  had  beene 
as  carefull  as  he  might,  no  hurt  need  have  be  done,  for  the 
place  was  so  hemmed  in  w^h  fallen  trees  as  thatt  there  was 
little  way  open,  (on  thatt  side  w^h  he  said  he  drave  the  cowes) 
for  them  to  come  in  att  againe,  so  thatt  he  might  have  kept 
them  from  danger  if  he  had  beene  as  carefull  as  he  ought  to 
have  beene,  besides,  they  affirme  thatt  the  cow  was  killed  about 
a  rod  or  20  foote  w<^hin  the  reach  of  the  tree,  moreouer  itt  was 
testifyed  by  brother  Andrewes  and  Rob*  Campion,  thatt  he 


1643]  NEW  HAVEN  COLONY  RECORDB.  89 

the  said  John  Beach  did  aiifirme  thatt  when  he  was  cutting 
the  tree  the  last  time,  he  saw  tlie  cowes  comeing  againe,  and 
he  did  throw  sticks  att  them,  butt  confessed  he  did  not  goe  to 
drive  tliem  as  before,  W^h  was  noted  to  he  a  great  neglect  of 
him,  and  allthough  he  did  alleadge  in  the  Court  thatt  he  did 
drive  the  cowes  w'hout  the  compasse  of  the  fallen  trees  afore- 
said, l»rotlier  Tompson  observed  itt  to  be  an  vntruth,  for  he 
had  tolde  them  att  the  first,  when  they  went  to  veiw  the  cow, 
thatt  he  drave  them  to  such  a  place,  w^h  both  he  and  brother 
Andrewes  affirme  was  w^hin  the  aforesaid  compasse.  Vpon 
all  well  testimony  i[t]  was  ordered  thatt  the  said  John  Beach 
sliall  make  good  the  damage  to  the  valine  of  5i  w^h  jjrice 
Georg  Smyth  sett  vpon  his  cow  w^h  much  modcratio,  though 
she  was  really  worth  more. 

Margerett  Bedforde,  being  convicted  of  fornicatio  and  steal- 
ing w^h  divers  other  miscarryages,  was  severely  whipped,  and 
ordered  to  lie  marryed  to  Nicholas  Genniiigs  w4i  whome  she 
hath  beene  naught. 


[47]     A  Court  held  att  Newhaven  the  5^^ :  5t'i  moneth, 

1643. 

Will  Fancie  his  wife,  being  charged  w'h  stealing  divers 
things  from  sondry  psons,  she  confessed  thatt  she  did  steale 
about  5000  of  pins  fro  Mrs.  Lamberton  w^i  divers  pcells  of 
lynning,  and  a  jugge  to  the  valine  of  17^  as  they  were  prized. 
She  confessed  allso  thatt  she  stole  from  Mrs.  Gilbert,  two 
pillow  beares  and  a  shift,  all  W=h  she  tooke  forth  of  a  tub  of 
water  in  the  colde  of  winter  when  the  famyly  was  att  prayer. 
And  att  Conectecutt,  being  kindely  entertained  as  a  strainger 
by  a  friend  there,  she  stole  a  table  napkin  att  her  goeing  away. 

Now  forasmuch  as  itt  appeares  to  have  becne  her  trade,  she 
haveing  beene  twice  whipped  att  Connectecutt,  and  thatt  still 
she  continues  a  notorious  theefe  and  a  Iyer,  itt  was  ordered 
thatt  she  should  be  seveerly  whipped,  and  restore  whatt  is 
found  w^h.  her  in  specie,  and  make  double  restitutio  for  the 
rest. 

Andrew  Low,  Jun""  for  breaking  into  Mr.  Lings  house,  where 
12 


90  NEW  HAVEN  COLONY  RECORDS.     '    [1643 

he  brake  open  a  cup  [board]  and  tooke  fro  thence  some  strong 
water,  and  6^  in  mony,  and  ransackt  all  the  house  fro  roome 
to  roome,  and  left  open  the  dores,  for  w*=h  fact  he  being  comit- 
ted  to  prison  brake  forth  and  so  escaped,  and  still  remaines 
horrible  obstinate  and  rebellious  against  his  parents,  and 
incorrigable  vnder  all  the  meanes  thatt  have  beene  vsed  to 
reclame  him,  wherevpon  itt  was  ordered,  thatt  he  should  be 
as  seveerly  whipped  as  the  rule  will  beare,  and  to  worke  with 
his  father  as  a  prisoner  w'h  a  lock  vpon  his  leg,  so  as  he  may 
nott  escape. 

Itt  was  ordered  thatt  Luke  Atkinson  shall  be  payd  18^  and 
7"^  out  of  Lawrence  Watts  estate,  in  consideratio  of  vse  of  his 
bedding  and  houshold  stuife  when  he  lived  w'h  him,  w^h  was 
for  the  space  of  a  yeare  and  a  quarter  thatt  he  sojourned  in  his 
house :  and  Goodman  Hitchcock  is  allso  to  have  4^  out  of  the 
said  estate  w^h  the  said  Lawrence  Watts  did  owe  him. 

Theophilus  Higginson  testified  thatt  Lawrence  Watts  did 
borrow  a  gun  of  John  Dillingham  W^h  he  was  to  restore  againe, 
butt  dyed  before  itt  was  restored. 


1643] 


NEW   HAVEN   COLONY   RECORDS. 


91 


Names  of  the 

S"? 

II 

ti 

5.2 

ti 

Planters. 

1 

(a 

5 

o 

"1 

ti 

[48] 

1^  a 

w 

2^ 
3-S 

a 

S 

«2 
3S 

Mr.  Theoph:  Eaton 

6 

3000 

165 

33 

153 

612 

10-13-00 

Mr.  Sam:  Eaton 

2 

800 

45 

9 

41 

164 

2-19-00 

Mrs.  Eaton 

1 

150 

10 

2 

8 

32 

00-12-00 

David  Yale 

1 

300 

in 

3| 

15i 

62 

01-02-06 

Will  Touttle 

7 

450 

37^ 

H 

26" 

107 

02-01-06 

Eze:  Cheevers 

3 

20 

8i 

1^32 

2i 

10 

00-05-11 

Captaine  Turner 

7 

800 

57i 

11^ 

431 

174 

03-06-06 

Rich :  Pery 

3 

260 

20^ 

4i-16 

14i 

58 

01-02-08 

Mr.  Davenport 

3 

1000 

57i 

Ui 

51i 

206 

Rich:  Malbon 

7 

500 

42 -i 

^ 

m 

114 

02-05-06 

Tho:Nash 

7 

110 

23 

4^  16 

09 

36 

00-18-02 

John  Benham 

5 

070 

16 

3-32 

6 

24 

00-12-04ob 

Tho :  Kimberley 

7 

012 

18-16 

3|-19 

4-16 

16^-24 

00-11-02 

Joh :  Chapma 

2 

300 

20 

4 

16 

64 

01-04-00 

Math:  Gilbert 

2 

COO 

35 

7 

031 

124 

02-05-00 

Jasper  Grain  e 

3 

480 

16^ 

31-8 

25i 

120 

01-15-01 

Mr.  Roe 

6 

1000 

65 

13 

53 

212 

An  elder 

4 

500 

35 

7 

27 

108 

02:01:00 

Geo  Lamberton 

6 

1000 

65 

13 

53 

212 

03-19-00 

Will  Wilks 

2 

150 

12i 

2| 

8^ 

34 

00-13-06 

Tho:  Jeffrey 

2 

100 

•   10 

2 

6 

24 

00-10-00 

Robt.  Ceely 

4 

179 

181-32 

3|-8 

lOf-32 

43 

00-18-05 

Nich:  Elsey 

2 

30 

6^ 

li-8 

H 

10 

00-05-01 

Joh :  Budd 

6 

450 

31i 

7i 

25i 

102 

02-00-06 

Rich :  Hull 

4 

19 

11 

2-30 

3 

111  4 

00-07-04 

Will :  Preston 

10 

40 

27 

5^24 

7 

28 

00-17-09 

Ben :  Fenne 

2 

80 

9 

lf-8 

5 

20 

00-08-07 

Will  Jeanes 

5 

150 

20 

4 

10 

40 

00-18-00 

Joh:  Brock ett 

1 

15 

H 

^-24 

H 

5 

00-02-06ob 

Roger  Allen . 

1 

40 

H 

1-24 

^ 

10 

00-04-03ob 

Mr.  Hickocks 

6 

1000 

65 

13 

53 

212 

03-19-00 

Mr.  Mansfeild 

4 

400 

30 

6 

22 

88 

Tho:  Gregson 

6 

600 

45 

9 

33 

133 

Steph :  Goodyear 

9 

1000 

721 

141 

54^ 

218 

09-19-02 

Will  Hawkins 

2 

1000 

55 

11 

51 

204 

Jer :  Whitnell 

2 

0050 

7i 

li 

31 

14 

00-06-06 

Sam :  Bayley 

1 

250 

15 

3 

13 

52 

00-19-00 

Tho :  Buckingham 

4 

60 

13 

2^16 

5 

20 

00-10-02 

Rich:  Miles 

7 

400 

37^ 

7i 

23i 

94 

01-18-06 

Tho :  Welch 

1 

250 

15 

3 

13 

25 

00-19-00 

Nath :  Axtell 

1 

500 

27^ 

6 

25| 

101 

01-16-07 

ID 


92 


NEW   HAVEN   COLONY   RECORDS. 


[1643 


Hen:  Stonell 

1 

300 

17^ 

3| 

154 

62 

01-02-06 

Will  Fowler 

3 

800 

47 

H 

414 

166 

03-06-06 

Peter  Preclen 

4 

500 

35 

7 

27 

108 

02-01-00 

James  Preden 

3 

10 

8 

14-16 

2 

8 

00-05-02 

Edmoncl  Tapp 

7 

800 

52i 

11^ 

434 

174 

03-06-06 

Wid:  Baldwin 

5 

800 

521 

lOi 

424 

170 

03-03-06 

An  elder 

6 

500 

40 

8 

28 

112 

0-0-0 

Rich :  Piatt 

4 

200 

20 

4 

12 

48 

01-00-00 

Zack :  Wliitma 

2 

800 

45 

9 

41 

164 

02-19-00 

Tho :  Osborne 

6 

300 

30 

6 

18 

72 

01-10-00 

Hen :  Rudderforde 

2 

100 

10 

2 

6 

24 

00-10-00 

Tho:  Trobridge      - 

5 

500 

37i 

74 

274 

110 

02-02-06 

Wid :  Potter 

2 

30 

H 

U 

24 

10 

00-05-01 

Joh:  Potter 

4 

25 

iH 

H 

H 

13 

00-07-09 

Sam :  Whitehead-^" 

2 

60 

8 

14  16 

4 

16 

00-06-06 

Joh :  Clark 

3 

240 

19^ 

3f  24 

131 

54 

01-11-OOob 

Luke  Atkinson 

4 

50 

10 

2  16 

44 

18 

00-09-06 

Arther  Halbidge 

4 

20 

11 

2  32 

3 

12 

00-07-04 

Edward  Banister 

3 

10 

8 

14  16 

2 

8 

00-05-02 

Will  Peck 

4 

12 

lOi  16 

2  16 

14-I6 

104^ 

00-06-10 

Joh :  Mosse            ' 

3 

10 

8 

14-16 

2 

8 

00-05-02 

Joh :  Charles 

4 

50 

12| 

24 

44 

18 

00-09-06 

Rich :  Beach 

1 

20 

H 

i32 

14 

6 

00-02-10 

Timothy  Forde 

2 

10 

H 

1-16 

14 

6 

00-03-08 

Peter  Browne 

3 

30 

9 

lf-8 

3 

12 

00-06-07 

Daniel  Paule 

1 

100 

n 

14 

54 

22 

00-08-06 

Joh :  Livermoore 

4 

100 

15 

3 

7 

28 

00-13-00 

Antho :  Tompson 

4 

150 

17i 

H 

94 

38 

00-16-06 

Joh :  Reeder 

2 

140 

12 

2^24 

8 

32 

00-12-10 

Robt.  Cogswell 

4 

00 

13 

14-16 

5 

20 

00-10-02 

JMathi :  Hitchcock 

3 

50 

10 

2 

4 

16 

00-08-00 

Fra:Hall 

3 

10 

8 

14-16 

2 

8 

00-05-02 

Rich :  Osborne 

3 

10 

8 

14  16 

2 

8 

00-05-02 

Will  Potter 

4 

40 

12 

2i  24 

4 

16 

00-08-09ob 

James  Clark 

4 

50 

12i 

24 

44    " 

18 

00-09-06 

Edward  Patteson 

1 

40 

H 

|24 

24 

10 

00-04-03ob 

Andr.  Hull 

4 

40 

12 

2i  24 

4 

16 

00-08-09ob 

Will  Ives 

2 

25 

H 

li 

2^ 

09 

00-04-09 

Geo:  Smyth 

1 

50 

5 

1 

3 

12 

00-05-00 

Widd:  Shirman 

2 

50 

7* 

14 

34 

14 

00-06-06 

Math  Moulthrop  . 

Tho :  James  sen. 

5 

200 

m 

44 

124 

50 

Wid:  Greene 

3 

80 

114 

2i  24 

54 

22    . 

00-10-02 

Tho :  Yale 

1 

100 

74 

14 

54 

22 

00-08-06 

Tho:  FugiU 

2 

100 

10 

2 

6 

24 

00-10-08 

I.H^ 


1643] 


NEW   HAVEN   COLONY   RECORDS. 


93 


Job :  Ponderson  - 

2 

180 

14 

2132 

10 

40 

00-15-06 

Job :  Johnson 

5 

150 

20 

4 

10 

40 

00-18-00 

Abra:  Bell 

1 

10 

3 

116 

1 

H 

00-02-02ob 

Job:  Evance 

1 

500 

271 

51 

25^ 

102 

01-16-06 

Mr.  May  res 

2 

800 

45 

9 

41 

164 

02-19-00 

Mrs.  Constable 

3 

150 

15 

3 

9 

36 

00-15-00 

Josuah  Attwater 

2 

300 

20 

4 

16 

64 

01-11-06 

Tbo.-Fugill 

1 

400 

221 

H 

201 

82 

01-09-06 

Eclwai'd  Wigglsw: 

3 

300 

221 

H 

16i 

66 

01-05-06 

Tbo:  Powell 

1 

100 

n 

H 

H 

22 

00-08-06 

Hen:  Browing 

8 

340 

37 

7124 

21 

84 

01-15-09 

Mrs.  Higison 

8 

250 

32^ 

H 

161 

66 

01-08-06 

Edw:  Teneb 

3 

400 

271 

H 

2H 

S6 

01-12-10 

Jer:  Dixon 

1 

300 

11 

2| 

151 

62 

01-01-04 

Will  Thorp 

3 

10 

8 

11  16 

2 

8 

00-05-02 

Robt.  Hill 

1 

10 

3 

il6 

1 

4 

00-02-02 

Wid:  Williams 

2 

60 

8 

11  16 

4 

16 

00-07-02 

Andr.  Low 

3 

10 

8 

11  16 

2 

8 

00-05-02 

Fr.  Newman 

2 

160 

13 

2^6 

9 

36 

00-14-02 

Job:  Caffins 

2 

500 

671 

131 

291 

73 

02-08-6 

Da^ad  Attwater 
Lucas 

1 

500 

241 
23 

141 

1-11.4 

J. 

6 

400 

35 

7 

92 

Dearmer* 

1 

300 

17i 

31 

151 

62 

Ben  Ling 

2 

320 

21 

4-32 

17 

68 

01-05-04 

Robt.  Newman 

2 

700 

40 

8 

36 

144 

02-12-00 

Will  Andrews 

8 

150 

271 

H 

Hi 

46 

01-02-06 

Job:  Cowp 

3 

30 

9 

118 

3 

12 

00-06-07 

Rich:  Beckley 

4 

20 

11 

2-32 

3 

12 

00-07-04 

Mr.  Marshall 

5 

1000 

621 

12i 

521 

210 

03-17-06 

Mrs.  Eldred 

5 

1000 

621 

12J 

521 

210 

03-17-06 

Fran:  Brewster 

9 

1000 

35 

7 

541 

263 

03-15-10 

Mark  Pearce 

2 

150 

12^ 

n 

H 

34 

00-13-06 

Jarvis  Boykin 

2 

40 

7 

U24 

3 

12 

00-05-09 

James  Russell 

2 

20 

6 

1-32 

2 

8 

00-04-04 

Geo:  Warde 

6 

10 

15 

3-16 

H 

14 

00-09-08 

Lawi'ence  Ward 

2 

30 

6| 

11-8 

H 

10 

00-04-09 

Moses  Wheeler 

2 

50 

n 

1* 

H 

14 

00-06-06 

*  In  the  margin,  Thorn  Lord,  i.      Robert  Taraadg,  i. 


94 


NEW   HAVEN   COLONY  RECORDS. 


[The  following  is  in  the  handwriting  of  Francis  Newman.] 


The  names  of  y^ 

Mr.  Lucas 

Tennants  of  oystershell 

field,  beginning  1648. 

M-^ch  10"'. 
Francis  Browne  3  ac''s 

Mr.  Lucas 

for  yeferrey :  rent  fret 

Aces 

Thorn  Moris 

4 

William  Paine 

2 

Widdow  Knowles 

2 

Jno  Coopr 

4 

Mr  Malbon 

7 

Henry  Morell 

2 

Mr  Gilbert 

4 

Eobert  Pig 

2 

Francis  Browne 

2 

John  Walker 

2 

John  Hall 

2 

Thom :  Munson 

2 

Robert  Martin 

2 

William  Holt 

2 

William  Pecke 

1 

for  a  shooting  place 

43 

Phillip  Leeke  y^  is 

his  owne 

1 

i  home  lott.  Joseph  Pecke 

William  Johnson 
Thomas  Beamond 


each  an  equall 
^  portion. 


out  lotts.    William  Thorpe  4  :  aCs  of  ye  first 
devizion  next  his  owne. 
each  of  them  5| 
ac''s  in  3  :  pts, 
the   two 


Joseph  Pecke 
Henry  Pecke 
Tho  Beamond 


William  Johnson 


w'hin 
mile  :  3  ac''s  of 
"meddow  and  12 
ac'^s  of  vpland 
in  y"  second  di- 
vission. 

3d 


Jeremiah  Whitnel  4  :    ac''  i 
devission  w'hin  y"  2  mile, 
three  ac^s  of  meddowe  &  1 2  ac"^  of 
y"  second  divission. 

John  Ponderson  5  ac''  of  meddow  : 
20  ac'  of  y^  sec  devission. 

George  Laremore  3 ,  ac  meddowe  : 
12  ac  of  y"*  sec  devission. 

Eichard  Hull,  4  ac"^  of  y«'  sec  devis 
w'hin  y^  2  mile. 


M"-''  Eldreds  out  lotts. 


Thomas  Wheeler  senio' 
Thomas  Wheeler  junio 
Henry  Glouer 
William  Holt 
Joseph  Alsop 
Ephrahim  Penington 
Phillip  Leeke 
Andrew  Low 
Christopher  Todd 
Henry  Morcll 

The  Meddow  and  second  divission  to  be  devided  equ[ally] 
betwixt  Nathaniel  Merriman,  Mathias  Hitchcocke  and  Isacke 
Whitehead  if  he  accept  it. 


Each  of  these  are  to  haue :  6 :  aca 
W'hin  ye  two  mile  in  3  ptes. 


Jn"  Vincon    )  each  3  ac :  wthin  the 
Joseph  Nash  J  two  mile  in  3 :  pts. 


Each  of  these  to  haue  4  [ac*]  w'hin 
y  2  :  mile  in  3 :  pts. 


Mr.  Roes  out  lotts. 


William  Gibbons 
John  Hall 
Jeremiah  How 
Robert  Martin 
William  Russell 
William  Paine 
Jonathan  Marsh 
John  Walker 
Francis  Browne 
Abraham  Dowlitle 


Each  of  these  are  to  haue  li  acr  in  ye  first 
devission  w'hin  ye  two  mile  &  IJ  acrs  in  each 
of  ye  other  two  devissions  w'hin  ye  two  mile. 


NEW   HAVEN   COLONY  EECORDS.  95 

Thorn.  Munson  4^  ac/  in  y^  2.i  devisio  w'hin  y"  2  mile  next 

Ml-.  Malbons. 
Piiillip  Leeke  two  ac''  in  y^  first  devis.  2  :  in  y"  S"^  w'hin  ye 

two  mile. 
Joseph  Nash  two  ac''  |  out  of  Mr.  Rocs  first  devis  &  y'=  Elders 

and  two  ac"  on  a  sixt  pt  of  Mr.  Roes 

tliird  devis.  w'hin  y"  two  mile. 
The  meddow  and  second  devission  of  vpland  is  granted  to 

John  Brocket  and  Thomas  Barnes. 


A  lott  reserved  for  \  Mr.  Auger  the  home  lott  and  halfe  ye  accomodations, 
an  Elder  (  Thorn.  Moris  1  (juarter  of  Ve  accomodations. 

William  Andrcwes  3  :  ac^s  of  meddow,  12  ac"  of  y'^  sec  deviss. 

Andrew  Low  2  ac''  i  of  meddow  :  9  :  ac''"  of  y'  sec  deviss. 

Joseph  Nash   H  ac"^  meddow  in  ye  mill  meddow  :  6  :  acr  sec 
dfeviss] 

JoseV  iiaSh  ( '^'^o^^e  5  acr  f  of  y=  sec  &  third  deviss. 
At  a  Court  8iii  Nouemb'^  1652,  the  land  in  the 
neck  belonging  to  Mr.  Roes  lott,  M''"  Eldreds, 
and  Mr.  Lucas  was  giuen  to  y  Goucrno''. 


Aprill  the  20th  1[^  -J* 

The  comittee  appointed  to  dispose  of  the  absent  lott  mett  & 
vpon  the  request  of  Mathew  Camfeild,  granted  to  him  the 
home  lott  w'^h  was  laide  out  and  reserved  for  Mi^'^  Eldred, 
vpon  the  conditions  following  viz"^ 

That  he  plant  it  all  w'h  fruit  trees,  except  aboute  one  ac" 
next  the  front,  and  that  he  p''sently  paye  for  the  fenc  belong- 
ing to  it,  as  it  is  now  worth,  being  vallewed  by  indifferent 
men,  &  so  maintayne  and  keepe  it,  and  if  in  y^  terme  of  five 
yeeres,  the  towne  shall  see  cause  to  dispose  of  it  to  any  man 
w^h  may  be  of  publique  vse  and  benefit  to  the  towne,  it  is  to 
be  at  the  townes  dispose,  payeing  him  for  his  trees  and  his 
fenc  aboute  y^  lott,  as  they  shall  be  then  worth,  being  equally 
vallewed  by  indifferent  men,  but  if  the  towne  shall  not  dispose 
of  it  to  some  such  man  w^hin  y^  terme  of  5  yeeres,  that  then 
the  said  Mathew  Camfeild  shall  haue  the  lott,  paying  to  the 
towne  for  y^  ground  as  it  is  worth,  being  vallewed  by  indiffer- 
ent men,  and  that  then  he  shall  build  a  dwelling  house  vpon 
it,  comely  and  fitt  for  habitation,  that  so  it  may  not  lye  as  a 
vacant  lott : 

And  vpon  the  same  termes,  at  the  same  time  the  comittee 
granted  Mr.  Eoes  home  lott,  to  Mr.  Davenport,  Mr.  Gilbert 
and  Mr.  Crane. 
. • 

*  The  date  of  this  entry  is  probably  1648. 


96  NEW  HAVEN  COLONY  RECOEDS.  [1643 

[Next  after  are  recorded  in  the  handwriting  of  Mr.  Gibbard,  the  Indian  deeds  which 
have  been  transferred  to  the  beginning  of  this  volume. 
There  appears  to  have  been  no  pages  numbered  from  51  to  62.  J 

[In  the  handwriting  of  Thomas  Fugill.] 

[62]     Att  a  Gen''11  Court  held  att   Newhaven   for  the 
Plantations  w^hin  this  Jurisdictio,  the  6^  of  July,  1643. 

Mr.  Leete  and  Mr.  Disboiirough  of  Manunkatuck  were  ad- 
mitted members  and  received  the  charge  of  freein  for  this 
Court.  Brother  Preston  allso  admitted  member  of  this  Court 
and  accepted  his  charge. 

Mr.  Eaton  and  Mr.  Gregson,  lately  sent  from  this  Court  as 
comissioners  w^h  full  power  to  treate,  and,  if  itt  might  be,  to 
conclude  a  combination  or  confoe deration  w^h  the  Gen""!!  Court 
for  the  Massachusetts,  and  w'h  the  comissioners  for  New  Ply- 
mouth and  Connectecutt,  did  this  day  acquaint  the  Court  w'h 
the  issue  and  successe  of  thatt  treaty.  The  articles  agreed  and 
concluded  att  Boston,  the  19th  of  May,  1643,  were  now  read 
and  by  this  whole  Court  approved  and  confirmed.  And  itt  was 
ordered  thatt  the  Secretary  enter  them  as  a  recorde.  A  letter 
allso  from  Mr.  Wintropp,  Governo''  of  the  Massachusetts, 
dated  the  19'^  of  June  last  past  was  read,  wherein  from  Mr. 
Winslow  he  signifies  the  cheerefuU  concurrence  of  the  Court 
att  Plymouth  in  the  said  confcederatio,  according  to  the  fore- 
named  articles. 

Itt  was  further  ordered  by  this  Court,  thatt  all  the  males  in 
or  belonging  to  every  of  the  plantation  in  this  jurisdictio,  fro 
sixteene  yeare  olde  to  sixty,  be  duely  numbred  according  to 
the  said  articles.  And  thatt  a  true  and  particular  account  of 
them  be  brought  in,  betwixt  this  and  the  midle  of  August 
next,  to  be  sent  to  the  next  meeting  of  the  comissioners  at 
Boston.  Lastly,  the  said  Mr.  Eaton  and  Mr.  Gregson  were 
by  this  Court  chosen  and  invested  w^h  full  power,  (according 
to  the  tenno''  and  true  meaning  of  the  said  Articles,)  as  com- 
issoners  for  this  jurisdictio  in  the  meeting  for  this  confceder- 
atio, to  be  held  att  Boston,  the  T^^^  of  September  next. 

Manunkatuck  named  Guilforde. 

Itt  is  ordered  thatt  every  male,  fro  16  yeares  olde  to,  sixty, 
w^hin  this  jurisdicto,  shall  be  forthw^h  furnished  of  a  good 


1643]  NEW   HAVEN   COLONY   RECORDS.  97 

gun  or  miiskett,  a  pound  of  good  pouder,  4  fathom  of  match 
for  a  match-lock,  and  5  or  6  good  flints,  fitted  for  every  fyre 
lock,  and  4  pound  of  pistoll  bulletts,  or  24  bulletts  htted  to 
their  guns,  and  so  continue  furnished  from  time  to  time,  vnder 
the  penalty  of  10=^  fine  vpon  every  defect  in  any  of  the  fore- 
named  perticulars.  And  itt  was  further  ordered  thatt  the 
Captaine  shall  give  order  to  the  officers  thatt  they  take  a  strict 
veiw  of  all  the  defects  or  neglects  of  the  trayned  band,  once 
every  quarter,  vnder  the  penalty  of  40^,  and  if  the  officers 
shall  neglect  to  do  itt,  att  his  appoyntment,  their  fine  is  40^' 
allso,  to  be  leivyed  att  the  discretio  of  the  Court,  and  thatt  a 
retourne  of  the  said  veiw  be  made  to  the  Court  by  the  Cap- 
taine or  the  dark  of  the  company  at  his  appoyntment,  vnder 
the  penalty  aforesaid. 

Itt  was  ordered  thatt  S^  fro  Stamforde,  and  5'  fro  Guilforde, 
and  2^  fro  Yenycott  shall  be  forthw'h  raised  and  payd  into 
the  treasury  of  Xewhaven  towards  the  charges  about  the  com- 
binatio. 

Mr.  Goodyeere  was  desired  by  the  Court  to  write  to  the 
inlial)itants  of  Yenycott,  to  lett  them  know  the  equity  of  the 
proceedings  of  this  Court  in  rateing  all  men  imptially  ac- 
cording to  their  accomodations  wt^hin  the  libertyes  of  this 
plantation,  &  thatt  it  will  be  expected  thatt  the  same  rule  be 
attended  vnto  by  them  there  allso. 

[Go]  11  Itt  was  ordered  thatt  each  plantatio  w^liin  thisjuris- 
dictio  shall  have  a  coppy  of  the  Articles  of  Confoedcratio,  for 
w'^h  they  are  to  pay  the  Secretary. 

A  letter  from  Mr.  Wintropp  was  read,  wherein  he  layd 
downe  divers  reasons  why  the  Massachusetts  gave  liberty  to 
the  Frenchmen,  late  arrived  there,  to  gett  whatt  help  they 
coulde  in  thatt  jurisdictio  to  assist  them  in  their  enterprize  att 
the  French  plantatid. 

[The  remaiufler  of  this  ])a^c  is  lilaiik.] 


13 


98  NEW   HAVEN   COLONY   RECOEDS.  [1643 

[64]  Articles  of  Coiifoederatio  betwixt  the  Platatioiis  viicler 
the  Gouermt  of  the  Massacusetts,  the  Plantations  vnder 
the  Gou^'nt  of  Newplymouth,  the  Plantations  vnder  the 
Gou'^m'^  of  Conecticutt,  and  the  Goii'^m'^  of  Newhaven 
w'h  the  Plantation  in  combinatio  wUi  itt. 

Whereas  we  all  came  into  these  pts  of  America  w^h  one 
and  the  same  end  and  ayme,  namely  to  advance  the  kingdome 
of  o""  Lord  Jesus  Christ,  and  to  enjoy  the  libertyes  of  the  Gos- 
pell  in  purity  w'h  peace,  and  whereas  in  o'"  settling,  (by  a 
wise  pvidence  of  God,)  we  are  further  dispersed  vpon  the  sea 
coasts  and  rivers  then  was  at  first  intended,  so  thatt  wee  can- 
nott  (according  to  our  desire)  w^h  conveniencie  comunicate 
in  one  governm*  and  jurisdictio,  &  whereas  we  live  incom- 
passed  w'h  people  of  sevcrall  nations  and  strange  languages, 
w<=h  hereafter  may  prove  injurious  to  vs  or  our  posterity,  and 
forasmuch  as  the  natives  have  form'ly  comitted  sundry  inso- 
lencies  and  outrages  vpon  severall  plantations  of  the  English, 
and  have  of  late  combined  themselves  against  vs,  &  seeing,  by 
reason  of  the  sad  distractions  in  England  W^h  they  have  heard 
of,  and  by  w'^h  they  know  we  are  hindred  both  from  thatt 
humble  way  of  seeking  advice,  and  reaping  those  comfortable 
frutes  of  protectio  w'^li  att  other  times  we  might  well  expect, 
We  therefore  doe  conceive  itt  our  bounden  dutye  w'hout 
delay  to  enter  into  a  p'sent  consociation  amongst  ourselves 
for  mutuall  help  and  strength  in  all  our  future  concerm^s, 
thatt  as  in  natio  and  religio,  so  in  other  respects,  we  bee  and 
continue  one,  according  to  the  tennure  and  true  meaning  of 
the  ensueing  articles. 

1  Wherefore  itt  is  fully  agreed  and  concluded  by  and  be- 
tweene  the  ptyes  or  jurisdictions  above  named,  and  they 
joyntly  and  severally  doe  by  these  p'esents  agree  and  conclude 
thatt  they  all  be,  and  henceforth  be  called  by  the  name  of  the 
United  Collonyes  of  New  England. 

2  The  said  United  Colonyes,  for  themselves  and  their  pos- 
terilyes,  doe  joyntly  and  severally,  hereby  enter  into  a  firme 
and  perpetuall  leage  of  frendship  and  amyty,  for  offence  and 
defence,  mutuall  advice  and  succour,  vpon  all  just  occasions, 


1643]  NEW   HAVEN   COLONY   RECORDS.  99 

both  for  p'serving-  and  ppagateiiig  the  truth  and  libertyes  of 
the  Gospcll  and  of  their  owne  mntuall  safety  and  wellfarc. 

3  Itt  is  further  agreed  thatt  the  pLantatios  w'h  att  present 
are  or  hereafter  shall  be  settled  w'hin  the  lymitts  of  the  Mass- 
acusetts  shall  be  for  ever  vnder  the  govermt  of  the  Massacu- 
setts,  and  shall  have  peculiar  jurisdictio  amongst  themselves 
in  all  cases  as  a  entire  body,  &  thatt  Plymouth,  Conectecut 
and  Newhaven  shall  each  of  them  in  all  respects  have  the  like 
peculiar  jurisdicti(3  and  goverm^  wthin  their  limitts,  and  in  ref- 
errence  to  the  plantations  w'^h  allready  arc  settled  or  shall 
hereafter  be  erected,  and  shall  settle  Av'liin  any  of  their  lymits, 
respectively;  provided,  thatt  no  other  jurisdictio  shall  hereaf- 
ter be  taken  in  as  a  distinct  head  or  member  of  this  confoeder- 
atio,  nor  shall  any  other,  either  plantatio  or  jurisdictio  in 
p'"sent  being,  and  nott  already  in  combinatio  or  vnder  the  juris- 
dictio of  any  of  these  confoederates,  be  received  by  any  of 
them,  nor  shall  any  two  of  these  confoederates  joyne  in  one 
'  jurisdictio  w'hout  consent  of  the  rest,  w'h  consent  to  be  inter- 
preted as  in  the  sixt  ensueing  article  is  expressed. 

4  Itt  is  allso  hy  these  confoederates  agreed  thatt  the  charge 
of  all  just  warrcs,  whether  offensive  or  defensive,  vpon  whatt 
pt  or  member  of  this  confoederatio  soever  they  fall,  shall  both 
in  men,  provisions  and  all  other  disbursm^s  be  borne  by  all  the 
pts  of  this  confoederatio  in  different  proportions,  according  to 
their  different  abilityes  in  man""  following,  Thatt  the  comis- 
sion'"s  for  each  jurisdictio  from  time  to  time,  as  there  shalbe 
occasio,  bring  a  true  account  and  number  of  all  the  males  in 
each  plantatio,  or  any  way  belonging  to  or  vnder  their  severall 
jurisdictions,  of  whatt  quality  or  conditio  soeu""  they  be,  from 
sixteene  yeares  olde  to  three  score,  being  inhabitants  there, 
and  thatt  according  to  the  different  numbers  w^h  from  time  to 
time  shall  be  found  in  each  jurisdictio,  vpo  a  true  and  just 
account,  y^  service  of  men  &  all  charges  of  the  warre  be  borne 
by  the  pole,  each  plantatio  or  jurisdictio  being  left  to  their 
owne  just  course  &  custome  of  rateing  themselves  and  people, 
according  to  their  different  estates,  w'h  due  respect  to  their 
quallityes  and  exemptions  among  themselves,  though  the  con- 
foederatio take  no  notice   of  any  such  pfveledg,  and  thatt 


100  NEW    HAVEN    COLONY   RECOKDS.  [1643 

according  to  the  differ'^  charge  of  each  jurisdictio  &  plantatio 
the  whole  advantage  of  the  warre,  (if  it  please  God  so  to 
blesse  their  endeavo'"^)  whether  ittbe  in  lands,  goods  or  psons, 
shall  be  pportionably  devided  among  the  said  confce derates. 
[65]  5  Itt  is  further  agreed  thatt  if  any  of  these  jurisdic- 
tions, or  any  plantation  vnder  or  in  combinatio  w^li  them,  be 
invaded  by  any  enemy  whomsoever,  vpon  notice  and  request 
of  any  three  magistrates  of  thatt  jurisdictio  so  invaded,  the 
rest  of  the  confoederates,  w^hout  any  further  meeting  or 
expostulatio,  shall  forthw'h  send  ayde  to  the  confoederate  in 
danger,  but  in  different  proportions,  namely,  the  Massacusetts 
one  hundred  men,  sufficiently  armed  and  pvided  for  such  a 
service  and  journay,  and  each  of  the  rest  forty  five  men,  so 
armed  &  pvided,  or  any  lesse  number,  if  lesse  be  required 
according  to  this  pportio.  Butt  if  such  a  confoederate  in  dan- 
ger may  be  supplyed  by  their  next  confoederate,  nott  exceed- 
ing the  numbr  hereby  agreed,  they  may  crave  help  there,  and 
seeke  no  further  for  the  pi'sent,  the  charge  to  be  borne  as  in 
this  article  is  expressed  and  att  their  retourne  to  be  victualled 
and  supplyed  w'h  powder  and  shott  (if  there  be  need,)  for 
their  journay,  by  thatt  jurisdictio  w'^h  imployed  or  sent  for 
them,  butt  none  of  the  jurisdictions  to  exceed  these  numbers, 
till  by  a  meeting  of  the  comissioners  for  this  confoederatio,  a 
greater  ayde  appeare  necessary,  and  this  proportio  to  continue 
till  vpon  knowledge  of  the  numbers  in  each  jurisdictio  (w"^!! 
shall  be  brought  to  the  next  meeting,)  some  other  proportio 
be  ordered,  but  in  any  such  case  of  sending  men  for  p^sent 
ayde  whether  before  or  after  such  alteraco,  it  is  agreed  thatt 
att  the  meeting  of  the  comision''s  for  this  confoederatio,  the 
cause  of  such  warre  or  invasio  be  duely  considered,  and  if  itt 
appeare  thatt  the  fault  lay  in  the  pty  so  invaded,  thatt  then 
thatt  jurisdictio  or  plantatio  make  just  satisfactio  both  to  the 
invaders  wliome  they  have  injured,  and  beare  all  the  charges 
of  the  warre  themselves,  w^iout  requireing  any  allowance 
from.the  rest  of  the  confoederats  towards  the  same.  And  fur- 
ther, if  any  jurisdictio  see  any  danger  of  an  invasio  approach- 
ing, &  there  be  time  for  a  meeting,  thatt  in  such  case  three 
magistrates  of  thatt  jurisdictio  may  sumon  a  meeting  att  such 


1643]  NEW   HAVEN   COLONY  RECORDS.  101 

convenient  place  as  themselves  shall  tliinke  meetc,  to  consider 
and  pvidc  against  the  threatned  danger.  Pvided,  when  they 
are  mett  they  may  remove  to  wliatt  place  they  please,  onely 
while  any  of  these  fewer  confcederates  have  Ijutt  3  magistrates 
in  their  jnrisdictio,  a  request  or  snmons  from  any  two  of 
them  shall  be  acounted  of  equall  force  w'h  the  three  men- 
tioned in  both  the  clauses  of  this  article,  till  there  be  an 
increase  of  magistrates  there. 

6  Itt  is  allso  agreed  tliatt  for  the  managing  and  concluding 
of  all  affayres  pp  to,  &  concerning  the  whole  confoedcratio, 
two  comissioners  shall  be  chosen  by  and  out  of  each  of  these 
4  jurisdictios,  namely,  two  for  the  Massacusetts,  two  for  Plym- 
outh, two  for  Conectecutt,  and  two  for  Newhaven,  being  all  in 
church  fellowship  w'h  vs,  w^^h  shall  bring  full  power  from  their 
severall  Geni^i^  Courts  respectively,  to  heare,  examine,  weigh 
&  determine  all  affaires  of  warre  or  peace,  leags,  aydes, 
charges  and  numbers  of  men  for  warre,  devisio  of  spoyles,  or 
whatsoever  is  gotten  by  conquest,  receiveing  of  more  confced- 
erates or  plantations  into  combinatio  w'h  any  of  these  con- 
fcederates, and  all  things  of  like  nature  w°h  are  the  pp  con- 
comitants or  consequents  of  such  a  confoederatio,  for  amyty, 
offence  and  deffence,  nott  intermedling  w'h  the  goufm*^  of  any 
of  the  jurisdictions,  w°h,  by  the  third  article,  is  pi'served 
intirely  to  themselves. 

Butt  if  these  eight  comission'"s,  when  they  meete  shall  nott 
all  agree,  yett  it  is  concluded  thatt  any  six  of  the  eight  agree- 
ing shall  have  power  to  settle  and  determine  the  busines  in 
question.  Butt  if  six  doe  not  agree,  thatt  then  such  proposi- 
tions w^h  their  reasons,  so  farre  as  they  have  beene  debated, 
be  sent  and  referred  to  the  fewer  Generall  Courts,  (viz)  the 
Massacusetts,  Plymouth,  Conectecutt  and  Newhaven,  and  if 
at  all  the  said  Generall  Courts  the  busines  so  referred  be  con- 
cluded, then  to  be  psecuted  by  the  confcederates,  and  all  their 
members.  Itt  is  further  agreed  thatt  these  eight  comissioners 
shall  meete  once  every  yeare,  besides  extraordinary  meetings, 
according  to  the  fifth  article,  to  consider,  treate  and  conclude 
of  all  affayres  belonging  to  this  confoederatio,  w^h  meeting 
shall  ever  be  the  first  Thursday  in  September,  and  thatt  the 


102  NEW   HAVEN   COLONY  RECOEDS.  [1643 

next  meeting  after  the  date  of  these  p^sents,  wh  shall  be 
accounted  the  second  meeting,  shall  be  att  Boston  in  the  Mas- 
sacusetts,  the  third  att  Hartforde,  the  fowerth  att  Newhaven, 
the  fifth  att  Plymouth,  the  sixt  and  seaventh  att  Boston,  and 
then  att  Hartforde,  Newhaven  and  Plymouth  and  so  in  course 
successively,  if  in  the  meane  time  some  middle  place  be  nott 
found  out  and  agreed  on,  w^h  may  be  comodious  for  all  the 
jurisdictions. 

1661  7  Itt  is  further  agreed  thatt  att  each  meeting  of  these 
eight  comissionrs,  whether  ordinary  or  extraordinary,  they  all, 
or  any  six  of  them  agreeing  as  before,  may  chuse  their  presi- 
dent, out  of  themselves,  whose  office  &  worke  shalbe  to  direct 
for  order  and  comely  carrying  on  of  all  proceedings  in  the 
pi" sent  meeting,  butt  he  shalbe  invested  w^h  no  such  power  or 
respect  as  by  w^li  he  shall  hinder  the  propounding  or  prog- 
resse  of  any  busines,  or  any  way  cast  the  skales,  otherwise 
then  in  the  p^sedent  article  is  agreed. 

8  Itt  is  allso  agreed  thatt  the  comission''s  for  this  confoed- 
eratio  hereafter  att  their  meetings,  whether  ordinary  or  extra- 
ordinary, as  they  may  have  comissio  or  oportunity,  doe  en- 
deavour to  frame  and  establish  agreemt^  and  orders  in  gen»ii 
cases  of  a  civill  nature  wherein  all  the  plantations  are  inter- 
essed,  for  pi'serving  peace  amongst  themselves,  and  p''venting, 
(as  much  as  may  be)  all  occasions  of  warre  or  differences  w^h 
others,  as  about  the  free  and  speedy  passage  of  justice  in  each 
jurisdictio  to  all  the  confoederates  equally  as  to  their  owne, 
not  receiving  those  thatt  remove  fro  one  plantatio  to  another 
w^hout  due  certifficates,  how  all  the  jurisdictios  may  carry  itt 
towards  the  Indians,  thatt  tliey  neither  grow  insolent,  nor  be 
injured  wUiout  due  satisfactio,  least  warre  breake  in  vpon  the 
confoederates  through  such  miscarry  ages.  Itt  is  allso  agreed, 
thatt  if  any  servant  run  away  from  his  ma""  into  any  other  of 
these  confoederated  jurisdictions,  thatt  in  such  case,  vpon  the 
certifficate  of  one  magistrate  in  the  jurisdictio  out  of  which 
the-  said  servant  fled,  or  vpon  other  due  proofe,  the  said  ser- 
vant shall  be  deliu^ed  to  his  said  ma"",  or  to  any  other  thatt 
psues  and  brings  such  certifficate  or  proofe,  and  thatt  vpon  the 
escape  of  any  prisoner  whatsoever  or  figitive  for  any  criminall 


1643]  NEW   HAVEN   COLONY   RECORDS.  103 

cause,  w'lier  breaking  prison,  or  getting  fro  the  officer,  or  oth- 
erwise escapeing,  vpon  the  certifficate  of  two  magistrates  of 
the  jurisdictio  out  of  w^h  the  escape  is  made,  thatt  he  was  a 
prisoner,  or  such  an  offendor  att  the  time  of  the  escape,  the 
magistrates,  or  some  of  them,  of  thatt  jurisdictio  where,  for 
the  p^'sent  the  said  prisoner  or  fugitive  abideth,  shall  forthw^i 
grant  such  a  warrant  as  the  case  will  beare  for  the  apprehend- 
ing of  any  such  pson,  and  the  delivery  of  him  into  the  hand  of 
the  officer  or  other  pson  who  psueth  him,  and  if  there  be  help 
reqiiired  for  the  safe  retourning  of  any  such  offender,  then  itt 
shall  be  granted  vnto  him  thatt  craves  itt,  he  paying  the 
charges  thereof. 

9  And  for  thatt  the  justest  warres  may  be  of  dangerous 
consequence,  especially  to  the  smaller  plantatios  in  these 
vnited  collonyes,  itt  is  agreed  thatt  neither  the  Massacusetts, 
Plymouth,  Conectecutt,  nor  Newhaven,  nor  any  of  the  mem- 
bers of  any  of  them,  shall,  att  any  time  hereafter  begin,  vnder- 
take  or  ingage  themselves,  or  this  confoederatio,  or  any  pt 
thereof,  in  any  warre  whatsoever,  (sudden  exegents  wUi  the 
necessary  consequences  thereof  excepted,  w°h  are  allso  to  be 
moderated  as  much  as  the  case  will  pmitt,)  w^hout  the  cousent 
and  agreem*^  of  the  forenamed  eight  comission^s,  or  att  least 
six  of  them,  as  in  the  sixt  article  is  provided,  and  thatt  no 
charge  be  required  of  any  of  the  confoederates  in  case  of  a 
defensive  warre,  till  the  said  comission's  have  mett  and 
approved  the  justice  of  the  warre,  and  have  agreed  vpon  the 
sum  of  mony  to  be  leivied,  w^li  su  is  then  to  be  payd  by  the 
severall  confoederates,  in  proportion,  according  to  the  fowerth 
article. 

10  Thatt  in  extraordinary  occasions,  when  meetings  are 
sumoned  by  three  magistrates  of  any  jurisdictio,  or  two,  as  in 
the  fift  article,  if  any  of  the  comissioners  come  not,  due 
warning  being  given  or  sent,  itt  is  agreed  thatt  fewer  of  the 
comissioners  shall  have  power  to  direct  a  warre  w^h  cannot  be 
delayed,  &  to  send  for  due  proportions  of  men  out  of  each 
jurisdictio,  as  well  as  six  might  doe  if  all  mett,  but  nott  less 
then  six  shall  determine  the  justice  of  the  warre,  or  allow  the 


104  NEW  HAVEN  COLONY  RECORDS.  [1643 

demaunds  or  bills  of  charges  or  cause  any  levies  to  be  made 
for  the  same. 

11  Itt  is  further  agreed  tliatt  if  any  of  the  confoederates 
shall  hereafter  breake  any  of  these  p'"sent  articles,  or  be  any 
other  way  injurious  to  any  one  of  the  other  jurisdiction  such 
breach  of  agreem^  or  injury  shall  be  duely  considered  and 
ordered  by  the  comiss'^^  for  the  other  jurisdictions,  thatt  both 
peace  and  this  pi'sent  confoederation  may  be  intyrely  pi'served 
w'hout  violatio. 

[67]  12  Lastly,  this  ppetuall  confoederatio  and  the  severall 
articles  and  agreem^s  thereof,  being  read  and  seriously  consid- 
ered, both  by  the  Generall  Court  for  the  Massacusetts,  and  by 
the  comission^'s  for  Plymouth,  Conectecutt  and  Newhaven, 
were  fully  allowed  and  confirmed  by  three  of  the  forenamed 
confoederates,  namely,  the  Massaciisetts,  Conectecut  and  New- 
haven,  onely  the  comissioners  from  Plymouth,  haveing  noe 
comission  to  conclude,  desired  respite  till  they  might  advise 
w^h  their  Generall  Court,  Wherevpo  itt  was  agreed  and  con- 
cluded by  the  said  Court  of  the  Massacusetts,  and  the  comis- 
sioners for  the  other  two  confoederates,  thatt,  if  Plymoth 
consent,  then  the  whole  treaty,  as  it  stands  in  these  p^^sent 
articles,  is  and  shall  continue  firme  and  stable,  w^hout  altera- 
tio.  Butt,  if  Plymouth  come  nott  in,  yctt  the  other  three 
confoederates  doe,  by  these  pi'sents,  conclude  the  whole  con- 
foederatio and  all  the  articles  thereof,  onely  in  Septem.  next, 
when  the  second  meeting  of  the  comission"  is  to  be  att  Bos- 
ton, new  consideratio  may  be  taken  of  the  sixt  article,  w^li 
concerns  number  of  comissioners  for  meeting  and  concluding 
the  affayres  of  this  confoederatio,  to  the  satisfactio  of  the 
court  of  the  Massacusetts,  and  the  comission''s  for  the  other 
two  confoederates,  butt  the  rest  to  stand  vnquestioned.  In 
testimony  whereof,  the  Gen'ii  Court  of  the  Massacusetts,  by 
their  Secretary,  and  the  comission''s  for  Conectecutt  and  New- 
haven  have  subscribed  these  p^'sent  articles,  this  19*1'  day  of 
tlier  3'i  moncth,  comonly  called  May,  1643. 


164-3]         NEW  HAVEN  COLONY  RECORDS.  105 

A  Court  held  att  Newhaven  the  2'1  of 
August  1643. 

Whereas  there  is  a  difference  depending  betweene  Robert 
Ceely,  and  Daniell  Panle,  about  a  note  of  agreement  betweene 
them  vnder  both  their  hands,  w'h  both  their  consents,  itt  was 
referred  to  Mr.  Malbone  and  Mr.  Wakeman  to  arbitrate  and 
determine  as  they  shall  see  canse, 

A  difference  allso  betweene  Will.  Fowler  and  Steven  Med- 
calfe  about  a  trespasse,  w^h  both  their  consents,  was  referred 
to  Mr.  Malbon  and  Mr.  Wakeman  to  arbitrate  and  determine 
as  tliey  shall  see  cause. 

Forasmuch  as  itt  appeareth  by  the  testimony  of  Lawrence 
Warde  thatt  Margerett  Poore,  alias  Bedforde,  now  wife  to 
Nicholas  Gennings,  was  to  be  servant  to  Captayne  Turner, 
vnto  the  full  end  and  terme  of  4  yeares  from  the  time  of  her 
first  coming  to  him,  butt  she  runing  away  w^li  the  said  Nicho- 
las, before  the  saide  tearme  was  expired,  itt  was  ordered,  thatt 
the  said  Nicholas,  her  said  husband,  shall  make  satisfactio  to 
Captaine  Turner  (her  said  maf,)  for  thatt  losse  of  time, 
according  as  itt  shall  be  arbitrated  by  Mr.  Gregson  and  Mr. 
AVakeman,  who  are  desired  by  the  Court  to  doe  the  same. 
And  the  said  Nicholas  is  to  make  2  folde  restitutio  for  those 
things  w<^h  are  confessed  by  them  to  be  stolen  from  the  said 
Captaine  Turner. 


14 


106  NEW   HAVEN   COLONY  EECORDS.  [1643 

[68]  A  Court  held  att  Newhaven 

2  August  1643. 

John  Thickpeny,  about  the  age  of  25  yeares,  marrianer,  in 
the  Cock  w'h  George  Lamberton  in  his  last  voyage  to 
Delaware  Bay,  being  duely  sworne  and  examined,  de- 
poseth, 
Thatt  he  was  present  in  the  pinace  called  the  Cock  whereof 
Georg  Lamberton  was  ma'",  rideing  at  ancre  about  3  miles 
above  the  Sweeds  fort  in  Delaware  River,  when  a  letter  was 
brought  the  Sweeds  governo''  by  Tim.  the  barber  and  Godfrey 
the  marchants  man  coming  w^h  him ;  they  tolde  him,  this 
deponent  in  Dutch,  a  language  w<=h  he  vnderstoode,  thatt  the 
contents  of  the  letter  was  thatt  the  Indians,  being  att  the  fort . 
the  day  before,  had  stolen  a  golde  chaine  from  the  governor's 
wife,  and  thatt  the  governo''  did  intreat  Mr.  Lamberton  to  vse 
meanes  to  gett  itt  againe  of  the  Indians  who  were  then  come  to 
trade  with  the  said  Mr.  Lamberton,  desireing  thatt  they  might 
stay  aboarde  till  the  next  morning,  thatt  he  might  discover  the 
Indian  to  him,  affirming  thatt  he  could  know  the  Indian  thatt 
had  stolen  itt,  by  a  markew'^h  he  had  in  his  face,  butt,  though 
many  Indians  came  aboard  while  he  was  there,  yett  he  went 
away  and  never  made  more  words  of  itt.  This  deponent  fur- 
ther saith,  thatt  he  was  aboard  when  a  second  letter  was 
brought  aboard  the  Cock  to  Mr.  Lamberton  from  the  Sweeds 
governor  the  contents  whereof  he  knows  nott,  butt  a  while 
after,  the  same  day,  he  w^h  Isaac  goeing  to  carry  Mr.  Lam- 
berton ashoare  to  the  Sweeds  fort,  into  wh  being  entred, 
before  they  spoke  w^h  the  governo'",  the  said  Mr.  Lamberton, 
this  deponent,  and  the  said  Isaack  were  all  cast  into  prison 
together,  (butt  a  while  the  said  Mr.  Lamberton  was  taken 
forth  of  thatt  roome,  butt  as  he  vnderstood  was  kept  in 
another  prison,)  where  he,  this  deponent,  continued  3  dayes, 
in  w<^h  time  John  Woollen,  servant  to  Mr.  Lamberton,  (and 
his  interpreter  betweene  him  and  the  Indians,)  was  coihitted 
to  the  same  prison  in  irons,  wh,  he  himselfe  said,  the  gover- 
no'' had  putt  vpon  him  wUi  his  owne  hands. 

And  further  this  deponent  saith  thatt  the  said  John  Woolen 
tolde  him  thatt  att  his,  the  said  John  Woollens  first  coming 


1643]  NEW   HAVEN   COLONY  RECOBDS.  107 

into  the  Sweeds  fort,  he  was  brought  into  a  roome  in  w^h  the 
governours  wife,  Tymothy  the  barber,  and  the  watch  maister 
came  to  him  and  brought  wine  and  strong  beere  and  gave  him, 
w^h  a  purpose,  as  lie  conceived  to  have  made  him  drunck,  and 
after  he  had  largly  drunk  there,  the  Gov  sent  for  him  into  his 
ownc  chamljer  and  gave  him  more  strong  beer  and  wine,  and 
drunk  freely  w'h  him,  entertayning  of  him  w'h  much  respect 
seemingly,  and  w'h  profession  of  a  great  del  of  love  to  him, 
[69]  ||makeing  many  large  promises  to  doe  very  much  good 
for  him  if  he  would  butt  say  thatt  Georg  Lamberton  had  hyred 
the  Indians  to  cutt  off  the  Sweeds,  butt  the  said  John  Woollen 
denyed  itt,  then  the  governo""  drunke  to  him  againe,  and  said 
he  would  make  him  a  man,  give  him  a  plantatio,  and  build 
him  a  house,  and  he  should  not  want  for  golde  nor  silver,  if 
he  would  butt  say  as  is  said  before ;  he  would  doe  more  for 
him  then  the  Eng :  could,  for  he  loved  him  as  his  owne  child, 
butt  the  said  John  answered,  thatt  there  was  no  such  thing, 
and  if  he  would  give  him  his  house  full  of  golde,  he  would 
nott  say  so,  and  then  the  governo''  seamed  to  be  exceeding- 
angry,  and  threatned  him  very  much,  and  after  thatt  drunke 
to  him  againe,  and  prest  him  to  confess  as  before,  W^h  the 
said  John  Woollen  refusing,  the  governo''  was  much  enraged, 
and  stamped  w'li  his  feete,  (w^h  this  deponent  himselfe  heard, 
being  in  the  roome  vnder  him,)  and  calling  for  irons,  he  putt 
them  vpon  the  said  John  Woollen  w'h  his  owne  hands,  and 
sent  him  downe  to  prison  as  before  is  expressed.  And  this 
deponent  saith,  thatt  the  aforesaid  Sweeds  watchma""  came  into 
the  prison,  and  brought  strong  beere,  and  drunke  w'h  them 
about  2  howers  in  the  night,  and  pressed  the  said  John 
Woollen  to  say  thatt  the  said  George  Lamberton  had  hyred  the 
Indians  to  cutt  oif  the  Sweeds,  and  he  should  be  loosed  from 
his  irons  presently,  butt  John  Woollen  said  he  would  not  say 
itt  if  he  should  be  hanged,  drawne  and  quartered,  because  he 
would  nott  take  away  the  life  of  a  man  thatt  was  innocent, 
then  he  prest  him  further,  thatt  he  would  speake  any  thing  to 
thatt  purpose,  be  itt  never  so  little,  and  he  should  be  free 
presently,  butt  John  Woolen  said  he  could  nott  say  itt  nor  he 
would  nott  say  itt.     And  he  further  saith  thatt  the  said  watch- 


108  NEW   HAVEN    COLONY   RECOEDS.  [1643 

ma""  prest  him,  this  deponent,  to  the  same  purpose,  and  he 
shoiikl  have  his  liberty,  w^h  he  allso  refused,  knowing  no  such 
thing. 

This  deponent,  thatt  att  another  time  while  he  was  in  prison, 
Gregory,  the  marchants  man,  came  to  him  and  tolde  him 
they  were  sent  by  the  governo''  to  charge  him  w^h  treason  w^h 
he  had  spoken  against  the  Queene  and  Lords  of  Sweden, 
namely,  thatt  he  had  wished  them  burnt  and  hanged,  w'^h  he 
this  depont  vtterly  denyed,  and  then  the  said  fetched  a 
flagon  of  strong  beere  and  drunke  itt  w^h  him,  and  after  thatt 
fetched  the  said  flagon  full  of  sack  and  drunke  thatt  w^h  him 
allso,  and  bid  him  call  for  wine  and  stronge  beere  whatt  he 
listed,  and  questioned  w^h  him  about  Georg  Lambertons  hyr- 
ing  the  Indians  as  aforesaid,  his  answer  was,  he  knew  no  such 
thing.  Then  the  watchma'"  affirmed  thatt  itt  was  so,  and  thatt 
George  Lamberton  had  given  cloth,  wampom,  hattchetts  and 
knives  for  thatt  purpose,  pressing  him  to  say  so  and  he  should 
be  free,  and  he  would  take  vp,  and  cleare  him  of  the  treason 
thatt  was  charged  vpon  him,  and  if  he  feared  to  say  so  because 
of  Mr.  Lamberton,  he  should  not  need  to  feare  him,  for  he 
should  pay  him  his  wages  before  the  vessell  went,  and  he 
should  cliuse  whether  he  would  goe  back,  or  stay  w^h  them, 
butt  he  answered,  lett  them  theyn  doe  whatt  they  pleased  w'h 
him,  for  he  could  nott  say  any  such  thing,  and  further  he  saith 
nott.* 

*  At  the  meeting  of  the  commissioners  for  the  United  Colonies,  sit  Boston,  in  Sep- 
tember, 1643,  Mr.  Eaton  and  Mr.  Gregson  complained  of  the  injuries  the  people  of 
New  Haven  had  received  from  the  Dutch  and  Swepds  both  at  Delaware  Bay  and  else- 
where, and  the  commissioners  instructed  Winthrop  to  write  Printz  concerning  the 
foul  injuries  offered  by  him  to  Mr.  Lamberton  and  his  company.  They  gave  also  a 
commission  to  Mr.  Lamberton  to  go  treat  with  the  Sweedish  governor  about  satisfac- 
tion, and  to  agree  with  him  about  settling  their  trade  and  plantation.  Hazard,  IL, 
11.     Winthrop,  H.,  140.     Brodheads  N.  Y.,  L,  382. 


1643]  NEW   HAVEN   COLONY  RECORDS.  109 

[70]  A  Court  held  att  Newhavg  the  6*  op 

September  1643. 

Marke  Pearce,  Will  Holt,  Edward  Camp,  brother  Potter, 
Hen.  Lendall,  Hen  :  Line,  Theophilus  Higginson  and  Matliew 
Row,  for  coming  late  the  last  trayning  day,  were  fined  each 
man  one  shilling. 


A  Court  held  att  Newhaven  the  4ti'  op 
October  1643. 

Rob'  Hill,  for  neglect  of  his  watch,  was  fined  5  shillings. 

Robt.  Lea,  for  want  of  armes,  was  fined  5^ 

Mighell  Palmer,  for  the  same,  was  fined  5^ 

Rice.  Edwards,  for  the  same,  was  fined  5^ 

Luke  Attkinson  and  John  Vincent  fined  each  1^  for  late 
comeing. 

Itt  is  ordered  thatt  there  shall  be  a  gen"^!!  muster,  the  next 
second  day,  w^h  an  exact  veiw  of  all  the  armes,  to  see  thatt 
none  be  defective  in  armes,  shott  and  pouder,  according  to  the 
order  in  thatt  case. 

Nathan  Burchall  confessed,  thatt  he  haveing  lived  some 
time  in  Mr.  Newmans  house,  and  thereby  haveing  acquan- 
tance  w*li  the  house  and  the  wayes  of  itt,  had  divers  tempta- 
tions to  steale  something  out  of  itt,  and  though  he  prayed 
against  the  temptatio,  yett  he  was  att  last  overcome  by  itt, 
and  the  last  Lords  day,  in  the  time  of  the  publique  ordinan- 
ces, he  went  into  the  house  and  so  into  the  chamber  and  clos- 
ett,  where  he  found  and  tooke  from  thence  to  the  valine  of  13^ 
in  mony,  and  to  the  value  of  34^  in  other  things.  The  pro- 
cesse  respited  till  the  next  Court,  and  in  the  meane  time  he  is 
to  be  kept  in  prison,  or  else  lye  in  baile  for  his  appearance  att 
the  next  court. 


110  NEW   HAVEN   COLONY  RECORDS.  [1643 

A  Gen •■11  Court  held  att  Newhaven 

THE  14th  OF  October 

1643. 

Itt  was  ordered  thatt  6  men  shall  forthw^h  be  sent  from 
hence  (to  joyne  w'h  8  of  Connectecutt,  to  assist  Ynkas 
against  the  Narragansett  Indians,  whom  he  expects  shortly  to 
warr  vpon  him,)  and  accordingly  to  be  fitted  and  furnished 
wUi  all  necessaryes  for  such  a  voyage  and  enterprize.* 


[71]     A  Gen^h  Court  held  att  Newhaven  the  23ti>  of 
October  1643 : 

Whereas  this  plantation  att  first  w^h  gen""'!  and  full  consent 
laid  their  foundations  thatt  none  butt  members  of  aproved 
churches  should  be  accounted  free  burgesses,  nor  should  any 
else  have  any  vote  in  any  election,  or  power,  or  trust  in  order- 
ing of  civill  affayres,  in  w'^h  way  we  have  constantly  proceeded 
hitherto  in  our  whole  court,  w'h  much  comfortable  fruitc 
through  Gods  blessing.  And  whereas  Stamforde,  Guilforde, 
Yennicock,  have  v|)on  the  same  foundations  and  ingagements 
entred  into  combination  w'li  vs,  this  Court  was  now  informed, 
thatt  of  late  there  have  beene  some  meetings  and  trcatyes 
betweene  some  of  Milfordef  and  Mr.  Eaton,  about  a  combina- 
tio,  by  w'^h  it  appeareth,  thatt  Milforde  hath  formerly  taken  in 
as  free  burgesses,  six  planters  who  are  nott  in  church  fellow- 
shipp,  w<=h  hath  bred  some  difficulty  in  the  passages  of  this 


*  The  Commissioners  of  the  United  Colonies  having,  at  their  session  at  Boston,  m 
September,  decided  upon  delivering  up  Miantonimo  to  be  put  to  death  by  Uncas, 
were  apprehensive  that  the  Narragansetts  would  seek  to  revenge  his  death. 

t  "  Vpon  a  motion  made  by  the  comissioners  for  New  Haven  jurisdiction,  it  was 
graunted  and  ordered  that  the  towne  of  Mylford  may  be  received  into  combinacon  & 
as  a  member  of  the  jurisdiction  of  New  Haven,  if  New  Haven  &  Mylford  agree  vpon 
the  teannes  and  condicous  among  themselves."  Rec.  U.  Col.  Sept.  1643.  Up  to  this 
time  then,  Milford  seems  to  have  remained  a  separate  and  independent  colony.  Hub- 
bard, Hist.  N.  E.  p.  277,  speaking  of  the  settlement  of  Guilford  and  Milford,  says  that 
"  every  one  stood  so  much  for  their  liberty  that  every  plantation  almost  intended  a 
peculiar  government  of  themselves,  if  they  could  have  brought  it  about,  but  those 
designs  tended  to  the  weakening  of  the  country  and  hinderance  of  the  {general  good 
of  the  whole."    See  also  Sav.  Winth.  i,  306.    Lambert,  Hist.  Col.  N.  H.  62. 


1643]  NEW   HAVEN   COLONY  RECORDS.  Ill 

treaty,  butt,  att  present,  itt  stands  thus,  the  deputies  for  Mil- 
forde  have  offered,  in  the  name  both  of  the  church  and  towne, 
first,  thatt  the  p^sent  six  free  burgesses  who  are  nott  church 
members,  shall  nott  att  any  time  hereafter  be  chosen,  either 
deputyes,  or  into  any  publique  trust  for  the  combinatio.  Sec- 
ondly, thatt  they  shall  neither  personaly,  nor  by  proxi,  vote 
att  any  time  in  the  electio  of  magistrates.  And^  thirdly,  thatt 
none  shall  be  admitted  freemen  or  free  burgesses  hereafter  att 
Milforde,  butt  church  meml^ers  according  to  the  practice  of 
Newhaven.  Thus  farr  they  granted,  butt  in  two  perticulars 
they  and  their  said  six  freemen  desire  liberty,  first,  y'  the  said 
six  freemen  being  already  admitted  by  them,  may  continue  to  act 
in  all  proper  perticular  towne  busines  wherein  the  combinatio 
is  nott  interressed.  And,  secondly,  thatt  they  may  vote  in  the 
electio  of  deputyes  to  be  sent  to  the  Generall  Courts  for  the 
combinatio  or  jurisdictio,  w'^h  deputyes  so  to  be  chosen  &  sent, 
shall  allwayes  be  church  members. 

The  premises  being  seriously  considered  by  the  whole  Court, 
the  brethren  did  express  themselves  as  one  man,  clearcly  and 
fully,  thatt  in  the  foundations  layde  for  civill  governmt  they 
have  attended  their  light,  and  should  have  failed  in  their 
dutye  had  they  done  otherwise,  and  professed  themselves  care- 
full  and  resolved  nott  to  shake  the  said  groundworks  by  any 
[72]  change  for  any  respect,  and  ordered,  ||  thatt  this  their 
vnderstanding  of  their  way,  and  resolution  to  maintaine  itt 
should  be  entred  w^h  their  vote  in  this  busines,  as  a  lasting 
recorde.  Butt  nott  foreseeing  any  danger  in  yeilding  to  Mil- 
forde w^h  the  forementioned  cautions,  itt  was,  by  gen'"^'  con- 
sent and  vote,  ordered  thatt  the  consociation  proceed  in  all 
tilings  according  to  the  p'mises. 


A  Gen^ii  Court  of  Elections  held 

ATT  Newhaven  for  this  Jurisdictio 

THE  26*^  OF  October  1643. 

Captaine  Turner  and  Mr.  Lamberton  were  chosen  Deputyes 
for  the  Court  of  combinatio. 


112  NEW   HAVEN   COLONY  EECOEDS.  [1643 

Mr.  Eaton  was  chosen  Governo'"  for  this  yeare  ensuing. 

Mr.  Goodyeare  was  chosen  Deputy  Governo^ 

Mr.  Gregson  chosen  Magistrate  for  this  towne. 

Mr.  Fowler  and  Goodman  Tapp  were  chosen  Magistrates  for 
Milforde  for  this  ensueing  yeare,  &  Mr.  Rayner  for  Stamforde. 

Mr.  Leete  and  Mr.  Disbrough  were  chosen  Deputycs  for 
Guilforde  this  yeare  ensueing. 

Thomas  Fugill  was  chosen  Secretary  for  the  whole  comlji- 
natio  or  jurisdictio  for  this  ensueing  yeare. 

Thomas  Kimberley  was  chosen  Marshall  for  this  whole  juris- 
dictio, for  this  ensueing  yeare. 


[73]      A  Gen""!!  Court  held  att  Newhaven  for  the 
Jurisdictio  the  27*''  of  October  1643. 

Present. 

Magistrates.  •         Deputy  es. 

Theophilus  Eaton,  Gouerno'',    George LambertonF Newhaven 
Stephen  Goodyear,  Deputy,      John  Astwood 


Thomas  Gregson,  John  Shirman  ' 

William  Fowler,  Will  Leete  i 

Edward  Tapp,  Sam :  Disbrough  \ 

Rich:  Gildersleeve  )  ^  Stam- 
John  Whitmore  )  forde. 
Itt  was  agreed  and  concluded  as  a  foundamcntall  order  nott 
to  be  disputed  or  questioned  hereafter,  thatt  none  shall  be 
admitted  to  be  free  burgesses  in  any  of  the  plantations  w'hin 
this  jurisdictio  for  the  future,  butt  such  planters  as  are  mem- 
bers of  some  or  other  of  the  approved  churches  in  New  Eng- 
land, nor  shall  any  butt  such  free  burgesses  have  any  vote  in 
any  electio,  (the  six  present  freemen  att  Milforde  enjoying  the 
liberty  w'^h  the  cautions  agreed,)  nor  shall  any  power  or  trust 
in  the  ordering  of  any  civill  affayres,  be  att  any  time  putt  into 
the  h'ands  of  any  other  then  such  church  members,  though  as 
free  planters,  all  have  right  to  their  inherritance  &  to  comerce, 
according  to  such  grants,  orders  and  lawes  as  shall  be  made 
concerning  the  same. 


1643]  NEW   HAVEN   COLONY   RECORDS.  ll3 

2  All  such  free  burgesses  shall  have  power  in  each  towne  or 
plantation  w4iin  this  jurisdictio  to  cliuse  fitt  and  able  men, 
from  amongst  themselves,  being  church  members  as  before,  to 
be  the  ordinary  judges,  to  heare  and  determine  all  inferio"" 
causes,  wilier  civill  or  criminall,  provided  thatt  no  civill  cause 
to  be  tryed  in  any  of  these  plantatio  Courts  in  value  exceed 
20',  and  thatt  the  punishment  in  such  criminalls,  according  to 
the  minde  of  God,  revealed  in  his  word,  touching  such  offen- 
ces, doe  nott  exceed  stocking  and  whipping,  or  if  the  fine  be 
pecuniary,  thatt  itt  exceed  nott  five  pounds.  In  w<^h  Court 
the  magistrate  or  magistrates,  if  any  be  chosen  by  the  free 
burgesses  of  the  jurisdictio  for  thatt  plantatio,  shall  sitt  and 
assist  w*h  due  respect  to  their  place,  and  sentence  shall  pass 
according  to  the  vote  of  the  major  part  of  each  such  Court, 
onely  if  the  partyes,  or  any  of  them,  be  nott  satisfyed  w^h  the 
justice  of  such  sentences  or  executions,  appeales  or  com- 
plaints may  be  made  from  and  against  these  Courts  to  the 
Court  of  Magistrates  for  the  whole  jurisdictio. 
[74]  II  3.  All  such  free  burgesses  through  the  whole  jurisdic- 
tio, shall  have  vote  in  the  electio  of  all  magistrates,  whether 
Governo'',  Deputy  Governo'',  or  other  magistrates,  wUi  a  Treas- 
urer, a  Secretary  and  a  Marshall,  &c.  for  the  jurisdictio.  And 
for  the  ease  of  those  free  burgesses,  especially  in  the  more 
remote  plantatios,  they  may  by  proxi  vote  in  these  elections, 
though  absent,  their  votes  being  sealed  vp  in  the  pi'sence  of  the 
free  burgesses  themselves,  thatt  their  severall  libertyes  may  l^e 
preserved,  and  their  votes  directed  according  to  their  owne 
perticular  light,  and  these  free  burgesses  may,  att  every  elec- 
tio, chuse  so  many  magistrates  for  each  plantatio,  as  the  weight 
of  affayres  may  require,  and  as  they  shall  finde  fitt  men  for 
thatt  trust.  Butt  it  is  provided  and  agreed,  thatt  no  plantatio 
shall  att  any  electio  be  left  destitute  of  a  magistrate  if  they 
desire  one  to  be  chosen  out  of  those  in  church  fellowshipp  w'h 
them. 

4.  All  the  magistrates  for  the  whole  jurisdiction  shall  meete 

twice  a  yeare  att  Newhaven,  namely,  the  Munday  imediately 

before  the  sitting  of  the  two  fixed  Generall  Courts  hereafter 

menconed)  to  keep  a  Court  called  the  Court  of  Magistrates, 

15 


114  NEW   HAVEN   COLONY  EECORDS.  [1643 

for  the  tryall  of  weighty  and  capitall  cases,  whether  civill  or 
criminall,  above  those  lymitted  to  the  ordinary  judges  in  the 
perticiilar  plantations,  and  to  receive  and  try  all  appeales 
brought  vnto  them  from  the  aforesaid  Plantation  Courts,  and 
to  call  all  the  inhabitants,  whether  free  burgesses,  free  plant- 
ers or  others,  to  account  for  the  breach  of  any  lawes  estab- 
lished, and  for  other  misdemeanours,  and  to  censure  them 
according  to  the  quallity  of  the  offence,  in  w^h  meetings  of 
magistrates,  less  then  fewer  shall  nott  be  accounted  a  Court, 
nor  shall  they  carry  on  any  busines  as  a  Court,  butt  itt  is  ex- 
pected and  required,  thatt  all  the  magistrates  in  this  jurisdic- 
tio  doe  constantly  attend  the  publique  service  att  the  times 
before  menconed,  &  if  any  of  them'be  absent  att  one  of  the 
clock  in  the  afternoone  on  Munday  aforesaid,  when  the  court 
shall  sitt,  or  if  any  of  them  depart  y^  towne  w'hout  leave, 
while  the  court  sitts,  he  or  they  shall  pay  for  any  such  default, 
twenty  shillings  fine,  vnless  some  providence  of  God  occasio 
the  same,  w^h  the  Court  of  Magistrates  shall  judge  off  from 
time  to  time,  and  all  sentences  in  this  court  shall  pass  by  the 
vote  of  the  major  part  of  magistrates  therein,  butt  from  this 
Court  of  Magistrates,  appeales  and  complaints  may  be  made 
and  brought  to  the  Gen'"^i  Court  as  the  last  and  highest  for 
this  jurisdictio ;  butt  in  all  appeales  or  complants  from,  or  to, 
what  court  soever,  due  costs  and  damages  shall  be  payd  by  him 
or  them  thatt  make  appeale  or  complaint  w^hout  just  cause. 

5.  Besides  the  Plantatio  Courts  and  Court  of  Magistrates, 
their  shall  be  a  Gen'"^'  Coi't  for  the  Jurisdictio,  w'^h  shall  con- 
sist of  the  Governo'',  Deputy  Governor  and  all  the  Magistrates 
w4iin  the  Jurisdictio,  and  two  Deputyes  for  every  plantatio  in 
the  Jurisdictio,  w^h  Deputyes  shall  from  time  to  time  be  chosen 
against  the  approach  of  any  such  Gen""!!  Court,  by  the  aforesaid 
free  burgesses,  and  sent  w'li  due  certifficate  to  assist  in  the 
same,  all  w^h,  both  Governo'"  and  Deputy  Governo'",  Magis- 
[75]  trates  and  Deputyes,  shall  have  their  vote  j|  in  the  said 
Court.  This  Gen*"!'  Court  shall  alwayes  sitt  att  Newhaven, 
(vnless  vpon  weighty  occasions  the  Gen""'!  Court  see  cause  for 
a  time  to  sitt  elsewhere,)  and  shall  assemble  twice  every  yeare, 
namely,  the  first  Wednesday  in  Aprill,  &  the  last  Wednesday 


1643]  NEW   HAVEN   COLONY   RECORDS.  115 

ill  October,  in  the  later  of  w^h  Courts,  the  Governo'',  the  Dep- 
uty Governo"^  and  all  the  magistrates  for  the  whole  jurisdictio 
w'h  a  Treasurer,  a  Secretary  and  Marshall,  shall  yearely  be 
chosen  by  all  the  free  burgesses  before  menconed,  besides  w^h 
two  fixed  courts,  the  Governo'',  or  in  his  absence,  the  Deputy 
Governo"",  shall  have  power  to  summon  a  Gen^'i^  Court  att  any 
other  time,  as  the  vrgent  and  extraordinary  occasions  of  the 
jurisdictio  may  require,  and  att  all  Gen^'ii  Courts,  whether 
ordinary  or  extraordinary,  the  Governor  and  Deputy  Gov- 
erno'',  and  all  the  rest  of  the  magistrates  for  the  jurisdictio, 
w'h  the  Deputyes  for  the  severall  plantation  shall  sitt  together, 
till  the  affayres  of  the  jurisdiction  be  dispatched  or  may  safely 
be  respited,  and  if  any  of  the  said  magistrates  or  Deputyes 
shall  either  be  absent  att  the  first  sitting  of  the  said  Gen""'' 
Court,  (vnless  some  providence  of  God  hinder,  w^h  the  said 
Court  shall  judge  of,)  or  depart,  or  absent  themselves  disor- 
derly before  the  Court  be  finished,  he  or  they  shall  each  of 
them  pay  twenty  shillings  fine,  w^li  due  consideration  of  fur- 
ther aggravations  if  there  shall  be  cause ;  w^h  Gen""!!  Court 
shall,  w'h  all  care  and  dilligence  provide  for  the  maintenance 
of  the  purity  of  religion,  and  shall  suppress  the  contrary,  ac- 
cording to  their  best  light  from  the  worde  of  God,  and  all 
wholsome  and  sovnd  advice  W^h  shall  be  given  by  the  elders 
and  churches  in  the  jurisdictio,  so  farr  as  may  concerne  their 
civill  power  to  deale  therein. 

Seconly,  they  shall  have  power  to  mak  and  repealc  lawes, 
and,  while  they  are  in  force,  to  require  execution  of  them  in 
all  the  severall  plantations. 

Thirdly,  to  impose  an  oath  vpon  all  the  magistrates,  for  the 
faithfull  discharge  of  the  trust  comitted  to  them,  according  to 
their  best  abilityes,  and  to  call  them  to  account  for  the  breach 
of  any  lawes  established,  or  for  other  misdemeano''s,  and  to 
censure  them,  as  the  quallity  of  the  offence  shall  require. 

Fowerthly,  to  impose  and  oath  of  fidelity  and  due  subjectio 
to  the  lawes  vpon  all  the  free  burgesses,  free  planters,  and 
other  inhabitants  w4iin  the  whole  jurisdictio. 

51y  to  settle  and  leivie  rates  and  contributions  vpon  all  the 
severall  plantations,  for  the  publique  service  of  the  jurisdictio. 


116  NEW  HAVEN  COLONY  RECORDS.  [1643 

61y,  to  heare  and  determine  all  causes,  whether  civill  or 
criminall,  w^h  by  appeale  or  complaint  shall  be  orderly 
brought  vnto  them  from  any  of  the  other  Courts,  or  from  any 
of  the  other  plantatios.  In  all  w^h,  w'h  whatsoever  else  shall 
fall  wUiin  their  cognisance  or  judicature,  they  shall  proceed 
according  to  the  scriptures,  w'=h  is  the  rule  of  all  rightous 
lawes  and  sentences,  and  nothing  shall  pass  as  an  act  of  the 
Genr'i  Court  butt  by  the  consent  of  the  majo''  part  of  magis- 
trates, and  the  greater  part  of  Deputyes. 

These  geni'iis  being  thus  layd  and  settled,  though  w'li  pur- 
pose thatt  the  scircumstantialls,  such  as  the  valine  of  causes 
to  be  tryed  in  the  Plantation  Courts,  the  ordinary  and  fixed 
times  of  meetings,  both  for  the  Gen''ii  Courts,  and  courts  of 
magistrates,  how  oft  and  when  they  shall  sitt,  w^h  the  fines 
for  absence  or  default,  be  hereafter  considered  off,  continued 
or  altered,  as  may  liest  and  most  advance  the  course  of  justice, 
and  l)est  sute  the  occasions  of  the  plantations,  the  Court  pro- 
ceeded to  p^'sent  perticular  busines  of  the  jurisdiction. 
[76]  II  Vpon  a  proposition  and  request  made  by  Captaine 
Vnderhill  and  Mr.  Allerton  by  instructions  from  the  Dutch 
Governour  and  some  of  the  freemen  of  thatt  jurisdictio,  for  the 
raising  of  one  hundred  souldiers  out  of  these  plantations  of 
the  English,  and  armed  and  victualled,  to  be  led  forth  by  Cap- 
taine Vnderhill  against  the  Indians  now  in  hostility  against 
the  Dutch,  to  be  payd  by  bills  of  exchaing  into  Holland. 

The  Court  seriously  considerd  the  propositions  wUi  the  con- 
squences  thereof,  and  though  they  were  affected  w4i  a  due 
sence  of  so  much  Christian  blood,  both  Dutch  and  English 
vnder  the  Dutch  governm*^,  lately  shed  by  the  Indians,  yett 
nott  clearely  vnderstanding  the  rise  and  cause  of  the  warr, 
and  well  remembring  the  articles  of  confoederatio  betwixt 
themselves  and  y^  rest  of  the  vnited  collonyes  in  New  England 
in  the  case  of  warr,  they  did  nott  see  att  present  how  they 
might  afforde  the  ayd  propounded  w^iout  a  meeting  and  con- 
sent of  the  comissioners  for  the  rest  of  the  jurisdictions.  Butt 
if  peace  be  nott  settled  this  winter,  so  soone  as  the  comission^s 
may  meet  in  the  spring,  both  the  ground  of  the  warr,  and  the 
ayd  or  assistance  desired,  may  be  taken  into  due  consideratio, 


1643]  NEW   HAVEN   COLONY   RECORDS.  117 

and  if,  in  the  meane  time,  there  be  want  of  corne  for  men  and 
foode  for  cattell  in  supply  of  what  the  Indians  have  distroyed, 
these  plantations  will  afforde  whatt  help  they  may. 

The  Court  nott  thinking  itt  meete  to  afforde  thatt  ayd  of 
souldiers  to  the  Dutch,  nor  to  send  Captaine  Vndcrhill  to  lead 
their  men  against  the  Indians  w'hout  the  consent  of  y^  comis- 
sioners  for  the  collonyes  as  is  before  expressed,  a  motion  and 
request  was  made  by  Captaine  Vnderhill  thatt  twenty  pounds 
might  be  lent  him  to  supply  his  present  occasions,  w^h  20^  shall 
be  repayed  by  the  towne  of  Stamforde  out  of  the  sallary  they 
have  ingaged  themselves  to  allow  him  yearely,  the  one  halfe  in 
March  come  twelve  moneths,  the  other  halfe  the  next  ensueing 
March,  Av^h  will  be  An"  1645.  W'^h  being  duely  considered, 
itt  was  ordered,  thatt  if  the  lending  of  this  20'  may  be  a 
meanes  to  settle  the  captaine,  and  if  they  conceive  his  settlem* 
may  tend  to  their  comfort  and  security,  and  if  the  towne  of 
Stamforde  will  see  the  said  su  duely  repayd  att  the  times 
above  menconed,  the  jurisdictio  is  willing  to  lend  the  said 
sum  to  prevent  the  snares  of  larger  offers  for  his  remove. 

The  court  considering  thatt  by  the  articles  of  confoederatio 
the  comission''s  for  the  severall  jurisdictions  may  be  called  to 
meete  extraordinarily  vpon  the  vrgent  affayres  of  the  collonyes, 
and  thatt  perhaps,  w^h  such  short  warning  thatt  there  may 
nott  be  time  to  call  a  Gcn''i  Court  from  the  remote  planta- 
tions, they  did  thinke  itt  needfull  now  to  puide  accordingly, 
and  by  gen""''  consent  and  vote,  Mr.  Eaton,  Governo'",and  Mr. 
Gregson,  Magistrate,  were  chosen  comission''s  for  this  jurisdic- 
tion for  the  meeting  at  Hartforde  in  September  next,  wUi  full 
power  to  treate  and  determine,  according  to  the  forme  ordered 
by  the  comissioners  att  their  last  meeting.  And  in  case  either 
of  them  should  be  sick,  or  by  any  other  providence  of  God 
hindred  from  the  journay  and  service,  Mr.  Malbon  is  by  full 
consent  and  vote  chosen  and  ordered  to  supply  in  thatt  case. 
Butt  if  a  meeting  should  be  sumoned  before  thatt  time  w^h 
might  occasion  a  farther  journay,  Mr.  Goodyeare,  Deputy 
Gouerno'',  and  Mr.  Gregson  were  chosen  coihission''s,  w'h  like 
full  power  for  the  service  of  this  jurisdictio.  And  if  either  of 
them,  by  any  providence,  be  disabled  or  hindred  from  the  said 


118  NEW   HAVEN   COLONY  RECORDS.  [1643 

journay,  Mr.  Malbon  was  chosen  comissioii''  wUi  full  power  to 
supply  thatt  place. 

[77]  II  The  Court  considering  thatt  some  charges  have  beene 
already  expended  for  the  jurisdictio  in  the  journay es  made  for 
the  settling  a  combinatio  and  service  of  the  jurisdictio,  and 
thatt  6  souldiers  being  now  sent  forth  to  joyne  w'h  8  from 
Hartforde  for  Yncus  defence  against  the  assults  w^h  may  be 
made  vpon  him  by  the  Narragansett  Indians  for  Meantonimoes 
death,  W'h,  w^i  the  shallop  attending  them,  will  be  a  further 
charge  to  the  jurisdictio,  And  lastly,  considering  the  loane  of 
this  twenty  pounds  to  Captaine  Vnderhill,  if  Stamforde  im- 
brace  the  proposition,  as  is  before  exprest,  they  thought,  and 
by  gew^^  consent  and  vote  itt  was  ordered,  thatt  a  farther 
stock  be  raised,  and  forthw*h  payd  into  the  treasurer  att  New- 
haven  by  the  severall  plantations  in  this  jurisdiction,  namely, 
five  pounds  for  Guilforde,  and  five  pounds  by  Stamforde,  and 
thatt  Milfordc  pay  ten  pounds  to  equall  Guilforde  or  Stam- 
forde who  have  allready  beene  assessed  each  of  them  five 
pounds  towards  the  foremenconed  charges,  besides  the  present 
leavy,  and  thatt  Newhaven  beare  their  proportionable  share, 
itt  being  by  gen^ii  consent  and  vote  of  this  Court  ordered  and 
concluded,  thatt  all  the  charges  for  this  jurisdictio,  both  for 
the  p''sent  and  hereafter,  he  borne  Ijy  the  sevlrau  proportions  of 
males  w'^li  from  time  to  time  shall  be  found  in  them  from  16 
to  sixty  yeares  olde,  as  in  the  articles  of  combinatio  is  agreed 
for  the  jurisdiction  of  W^h  stock,  both  received  and  expended, 
the  treasurer  shall  from  yeare  to  yeare  give  account  to  this 
Gen''ii  Court  vpon  demaund,  thatt  itt  may  appeare  thatt  all 
disbursements  are  for  the  publique  service  of  this  jurisdictio, 
and  thatt  no  plantation  be  charged  above  their  just  proportio. 
Two  letters  being  now  read  in  court  from  the  magistrate*  of 
Stamforde,  the  former  being  dated  the  18th,  the  latter  the  23*^ 
pi'sent.  Itt  appeared  by  the  form'"  thatt  the  justice  of  the 
Court  of  Stamforde  hath  beene  charged  by  the  ma^f  of  an  In- 
dian tiaptive,  for  thatt  the  said  captive  was  sensured  to  ))e  pub- 
liquely  whipped  for  publique  misdemeanours,  the  ma""  telling 
the  magistrate  before  witnesse,  itt  was  neither  honesty  nor 
justice  so  to  proceed,  he  haveing  corrected  the  boy  att  home, 

*  In  the  margin,  "2  letters  fro  Mr.  Rayner."      t  Richard  Crab,  ^Jost  [83.] 


1643]  NEW  HAVEN   COLONY  RECORDS.  119 

whercvpon  the  Court  did  neither  think  famyly  correctio  sufh- 
cient  for  such  publique  offences,  nor  thatt  such  affronts  to 
magistracie  should  either  be  evaded  by  sleight  interpretations, 
nor  passed  by  w'^h  some  private  acknowledgment,  Ordered, 
that  the  ma""  of  the  said  captive  boy  be  bound  ouer  to  the 
Court  of  magistrates  w^h  will  be  held  att  Newhaven  on  Mun- 
day  the  first  of  Aprillnext,  to  answer  his  miscarryage. 

In  the  second  letter  from  Stamforde,  the  magistrate  suppo- 
sing, in  respect  of  the  many  in-juries  from  the  Indians  receiv- 
ed, they  have  cause  to  begin  a  warr  vpon  them,  and  they  sitt 
still  for  want  of  a  concurrence  of  the  rest  of  the  jurisdictio, 
expreseth  their  apprehensio,  thatt  if  their  houses  should  be 
fired,  &c.  the  jurisdictio  should  beare  the  burden,  w<=h  the 
whole  Court  marvilled  att,  conceiving  thatt  the  councell  given 
Stamforde  in  the  case  was  most  safe  for  themselves  to  take, 
and  considering  the  ingagem*  wherein  this  jurisdictio  standeth 
to  the  rest  of  the  collonyes,  absolutely  necessary  for  vs  to  give, 
and  thatt  no  man  would  be  forewarde  to  give  advice  if  there- 
fore he  must  beare  the  afflicting  providences  of  God  w^h  may 
follow. 


[78]  A  GENrii  Court  helde  att  Newhaven  the  30'''  of 
October,  1643,  for  this  Plantatio. 

Mr.  Malbon,  Mr.  Lamberton,  Mr.  Evance  and  Mr.  Wake- 
man  were  chosen  deputyes  of  this  plantatio,  and  Mr.  Malbon 
continued  Treasurer  for  this  yeare. 

Tho:  Fugill  chosen  Secretary,  and  Tho:  Kimberley  chosen 
Marshall. 

Itt  was  ordered  thatt  one  of  the  squadrons  in  their  course 
shall  come  to  the  meetings  every  Saboth  compleatly  armed, 
fitt  for  service,  w'h  att  the  least  6  charges  of  shott  and  ponder, 
and  be  ready  att  the  meeting  house,  w'^hin  halfe  an  hower  after 
the  first  beating  of  the  drum,  then  and  there  to  be  att  the 
comaund  of  the  officers  in  such  service  as  they  are  appoyntcd 
to  attend  vnto  on  those  dayes,  vnder  such  penalty  as  the  court 
shall  judge  meet,  according  to  the  nature  of  their  offence ;  allso 
the  sentinell  and  those  thatt  walke  the  round  shall  have  their 
matches  lighted  dureing  the  time  of  the  meeting,  if  they  have 
match  locks. 


120  NEW  HAVEN   COLONY  RECORDS.  [1643 

A  Court  held  att  Newhaven  the  It  of  November,   1G43. 

Robert  Lea,  for  comeing  to  trayliig  w^li  his  gun  charged 
w'h  shott,  contrary  to  order,  and  carelessly  dischargmg  itt 
against  Mr.  Gregso  his  house,  to  the  great  danger  of  the  lives 
of  divers  persons,  who  were  in  the  chamber  when  the  shott 
came  through  the  window,  was  fined  20^  to  the  towne,  and  to 
repaire  the  window  Wh  was  broken  by  the  said  shott. 

The  difference  about  the  neck  bridg  was  respited  to  another 
Court,  onely  itt  was  ordered,  tliatt  those  who  did  the  worke 
are  to  repair  itt  for  the  p^'sent,  and  to  have  three  pounds  for 
the  doeing  of  itt,  provided  thatt  they  doe  itt  well  and  substan- 
tially, and  for  that  end  brother  Andrewes  is  to  oversee  and 
direct  the  work  while  itt  is  a  doeing,  and  when  itt  is  finished 
the  comittee  formerly  appoynted  to  veiw,  are  to  veiw  itt  againe, 
to  see  thatt  itt  be  done  according  to  the  intent  of  this  order. 

Itt  was  ordered  thatt  brother  Aiidrewes  shall  take  care  thatt 
three  or  fewer  lighter  loades  of  stones  be  layd  by  the  bridge, 
to  breake  the  force  of  the  water  from  itt. 

Whereas  Nathan  Burchall  hath  beene  formerly  convicted 
in  this  Court,  for  stealing  out  of  Mr.  Rob*  Newmans  house 
on  the  Lord's  day,  in  mony  the  sum  of  thirteene  pounds,  and 
other  things  to  the  valine  of  1^  14%  itt  was  ordered  thatt  he 
should  make  double  restitutio  for  the  said  severall  sums,  ^j^j 
have  some  corporall  punishment  for  the  aggravations  of  his 
fact. 

Allen  Ball  is  ordered  to  have  2^  2<^  of  the  goods  of  Law- 
rence Watts. 


[79]     A   Gen'"  Court   held  att  Newhaven  the    13*^  of 
November,  1643. 

Itt  was  ordered  thatt  all  those  thatt  will  pay  their  rates  in 
Indian  corne  shall  pay  itt  att  2^  4^  ^  bushell,  good  marchant- 
able  corne,  and  thatt  every  man  pay  his  rates,  (w<=h  are  now 
due,)  forthw^h,  either  in  Indian  corne  as  itt  is  now  ordered, 
or  in  wampom,  or  in  cattell  as  they  shall  be  justly  prized  by 
indifferent  men,  to  such  persons  as  the  treasurer  shall  assigne 


1643]  NEW   HAVEN   COLONY   RECORDS.  121 

to  receive  the  same  w'hout  any  delay,  or  putting  the  treasurer 
to  furtlier  trouble. 

Itt  was  ordered  thatt  every  famyly  wt^liin  this  plantatio  shall 
have  a  coate  of  cotton  woole,  well  and  substantially  made,  so 
as  itt  may  be  fitt  for  service,  and  that  in  convenient  time  the 
taylours  see  itt  be  done. 

Itt  is  ordered  thatt  the  great  guns  shall  be  forthw^h  fitted 
for  service,  and  Mr.  Lamberton  and  Mr.  Rudderforde  are  de- 
sired to  see  itt  done. 

Itt  was  ordered  thatt  every  chimney  in  the  towne  in  w^h 
fire  is  constantly  kept,  shall  be  swept  once  every  moneth  from 
Septinber  till  March,  and  once  every  2  moneths  in  sumr, 
w^h  worke  Goodman  Cooper  hath  vndertakcn  to  doe,  and  is 
to  have  4''  a  peece  for  every  chimney  thatt  is  two  storyes 
high  and  vpward,  and  2^^  a  peece  for  all  thatt  are  vnder 
2  storyes  high,  to  be  duely  payd  him  by  all  those  thatt  agree 
w'h  him,  butt  if  any  will  doe  itt  themselves,  and  Goodman 
Cooper  come  after  the  time  lymitted  and  finde  them  not  done 
or  not  well  done,  he  is  to  doe  itt  well,  and  to  have  double  pay 
of  those  whose  neglect  itt  is,  and  if  he  shall  neglect  to  doe 
those,  according  to  the  intent  of  this  order,  w'^h  he  vnder- 
takes,  he  is  to  pay  double  pay  for  his  neglect. 


Att  a  Court  held  att  Newhaven  the  6t'>  of 
December,  1643. 

Goodma  Chapman,  brother  Davis,  John  Thomas,  Sam: 
Hoskins,  brother  Nicholls,  Joh  Charles,  Thomas  Barnes  and 
Thomas  Wheeler  were  fined  5**  apeece  for  want  of  ladders. 

Brother  Thorpe,  for  comeing  late  to  sett  his  watch,  and 
neglecting  to  order  itt  aright  when  he  did  come,  was  fined  10^ 

Jerimy  Whitnell  for  nott  keeping  a  sentinell  forth,  and 
suffering  att  least  some  of  his  watchmen  to  sleepe,  was 
fined  5s. 

Whereas  John  Tompson  required  satisfactio  for  some  dam- 
age done  to  his  corne  by  the  hoggs  of  Mr.  Eaton,  Mr.  Malbon 
and  Mr.  Lamberton,  itt  was  ordered,  that  he  should  have  sat- 
16 


122  NEW    HAVEN    COLONY   RECOKDS.  [1643 

isfactio  made  by  those  (whose  fence  vpon  veiw  shall  be  found 
defective)  according  to  every  mans  proportio,  w^h  shall  be 
judged  Ijy  indifferent  men.  John  Chapman,  Thomas  Kim- 
berley  &  Will  Preston  are  desired  to  goe  w'h  John  Tompso  to 
veiw  and  judge  accordingly. 

Whereas  Tho :  Mouleno'"  desired  thatt  some  other  should 
have  the  hearing  of  the  difference  betweene  himselfe  and  this 
plantatio  for  his  disorderly  proceedings  at  Totokett,  itt  was 
ordered,  thatt  he  shall  have  6  moneths  time  to  bring  his  arbi- 
trato'"^  whom  he  shall  chuse,  (provided  they  be  godly  wise) 
w^h  if  he  shall  not  doe  w'hin  the  said  tearme,  he  shall  submitt 
to  the  judgment  of  this  Court,  w'^h  condico  he  accepted. 


[80]         Att  a  Court  held  att  Newhaven  the 
4tii  OF  January,  1643. 

Isaack  Whitehead,  Will  Mecar,  Thomas  Powell,  Tymothy 
Forde,  Goodma  Hitchcock,  Rich :  Webb,  Pillipp  Leake,  bro : 
Elsey,  Jonathan  Marsh,  Ric'^  Beach,  John  Lawrenson,  Rob^ 
Emery,  Will  lies.  Hen:  Gibbons,  Tho  Robinso,  Nicholas  Gen- 
nings,  Tho:  Yale,  John  Hill,  bro  Lamson,  fined  each  1«  for 
late  coming  to  trayne.  And  Rich :  Newman,  John  Beach,  and 
James  Stewart  fined  each  man  2^  for  twice  late  coining. 

Richard  Newman,  Peter  Browne,  Will  Potter,  John  Beach, 
Goodma  Ward,  John  Benham,  Isaack  Whitehead,  Rob*  Leay, 
Tho  Blakeley,  John  Medcalfe,  bro  Lamson,  fined  each  man 
2^  for  defect,  guns.  Will  Bladen, Rich:  Spery,  Hen:  Glover 
and  John  Thomas  for  defect  in  their  cocks  fined  each  man,  1^. 

Richard  Newman  and  Will  Potter  &  Isaack  Whitehead  fined 
6  pence  a  peece  for  want  of  shott.  Will  Mecar  fined  1^  for 
want  of  shott  and  ponder,  &  Edward  Chipperfield  allso. 

John  Hunter,  Will  Mecar  and  Will  Blayden  fined  each 
man  1^  for  defect,  sworde. 

John  Hill,  Edward  Hitchcock  and  Amrose  Sutton,  fined 
each  man  6^^  for  want  of  flints,  &  Rich:  Lowell  6^  for  want 
of  match. 


1643]  NEW   HAVEN    COLONY   EECORDS.  123 

John  Hill  &  Edward  Chipperfield,  for  want  of  worme  and 
skourer,  each  6^. 

John  Wolforde,  defect,  rest,  fined  6^. 

Joh:  Griffin,  Jonathan  Rud,  Wili  Wooden,  Tho:  Toby, 
Roger  Knap,  Sam:  Hoskins,  Edward  Parker  and  Lanclott 
Fuller,  fined  each  ma  3®  4*i  for  totall  defect  in  arnies. 

Johnathan  Marsh,  Edmond  Towly,  fined  each  man  2-6  for 
totall  absence,  &  James  Stewart  and  Math:  Crowder,  each 
man  5^  for  twice  totall  absence. 

Mathew  Hitchcock,  fined  3^*  4''  for  a  disorder  in  his  watch. 

Whereas  Thomas  Blakeley  suffered  a  sack  w^li  3  bnshells 
of  meale  of  Mr.  Lings,  and  a  sack  w^h  one  bushell  of  meale 
of  Mr.  Francis  Newmans,  wh  he  had  the  charge  off,  to  be 
carryed  to  Long  Hand,  itt  was  ordered  thatt  he  shall  make 
good  the  said  sacks  and  meale  to  the  owners  forth w^li,  and  he 
himselfe  seeke  satisfactio  fro  those  who  tooke  the  said  sacks. 

And  forasmuch  as  vpon  this  sentence  of  the  Court,  he  went 
forth  in  discontente,  and,  in  the  hearing  of  divers,  he  re- 
proached the  Court,  charging  the  Court  w^li  injustice,  w<=h 
vpon  examinatio  appeared  to  be  most  falce,  there  vpon  the 
Court  ordered  thatt  the  said  Blakley  shall  pay  20^  fine  and  be 
comitted  dureing  the  magistrates  pleasure. 


Att  a  Court   held   att   Newhaven  the  8«  of  February, 

1643. 

Whereas  an  attatchme'  hath  l)eene  granted  against  Francis 
Smyth  to  Thomas  Blackley,  for  a  debt  of  17^  w<^h  the  said 
Francis  Smyth  received  of  the  said  Blackley,  as  appeares  by 
the  testimony  of  Lawrence  Warde,  and  forasmuch  as  the  sum 
of  13*  rests  in  the  hands  of  Sam :  Whitehead  w<^h  belongs  to 
the  said  Francis  Smyth,  itt  was  therefore  ordered  thatt  the 
said  13*  shall  be  detained  on  the  behalfe  of  the  said  Blackley. 

Francis  Church  desired  the  justice  of  the  Court  agst 
Thomas  Moulenor  (for  a  debt  of  2'  2*  w^h  damages  for  3 
yeares  forbeareance,)  on  the  behalfe  of  Thomas  Whiteway, 
w'^h  debt  the  said  Mouleno'"  did  confess  to  be  due  to  the  said 


124  NEW   HAVEN    COLONY   KECORDS.  [1643 

Thomas,  and  did  referred  himselfe  to  judgm'  of  the  Court, 
and  therevpo  it  was  ordered  thatt  the  principall,  w'h  12^  dam- 
ages, shall  be  forthw'h  payd  to  the  said  Church  by  the  said 
Mouleno"". 

[81]  ||Itt  was  ordered,  thatt  1^  2^  of  James  Nortons  in  the 
hands  of  Thomas  Blackley  shall  be  attatched  on  the  behalfe 
of  the  Dellaware  Company. 

Itt  was  ordered,  thatt  Thomas  French  beare  halfe  of  all  the 
losse  w^h  was  layd  vpon  Thomas  Blackley,  the  last  Court, 
concerning  the  2  sacks  of  meale  "W^h  was  carryed  to  Long 
Hand,  because  he  was  a  cause  of  the  mistake  in  the  sacks. 

Mr.  Cheevers  desired  4 — 3 — 6  out  of  the  estate  of  Mr. 
Trobridge,  w^h  is  justly  due  to  him  for  teaching  y^  children. 

Richard  Beach  hath  ingaged  his  house  and  lott  to  secure  a 
former  agreem'  in  reference  to  the  children  of  Andrew  Hull, 
late  deceased. 

A  difference  betweene  Rob*  Ceeley  and  John  Mason  was 
referred  to  Mr.  Gregson  and  Mr  Malbon  to  determine. 


A    COUET   HELD   THE    7*''    OF   MaRCH, 

1643. 

Mr.  Stiles  of  Conectecutt  desired^the  justice  of  the  Court 
against  Geo.  Larrymo""  concerning  a  debt  of  10^,  the  remain- 
der of  a  debt  of  25'  w^h  the  said  George  was  to  pay  for  a 
servant,  (by  name  Geo :  Chappell,)  W^h  he  bought  of  the  said 
Mr.  Styles,  w^\\  was  testifyed  on  his  behalfe  by  the  said  Geo : 
Chappell  vpon  oath  as  apeares  vnder  the  hand  of  Mr.  Swaine, 
a  magistrate  att  Connectecut,  before  whome  he  was  sworne, 
and  confessed  by  the  said  Geo:  Larrymo^  himselfe,  onely  he 
aleadged  thatt  he  was  nott  to  pay  the  said  10'  vnlesse  the  said 
Georg  Chappell  did  serve  out  his  time,  butt  the  said  Geo : 
Larrymo""  did  sell  his  time;  therefore  the  Court  ordered, 
thatt  the  said  Geo :  should  pay  the  said  10'  to  the  said  Mr. 
Stiles  w^hout  delay. 

Rich :  Mansfield  demaunded  a  debt  of  40 ^  of  Hen :  Gibbons, 
w<=h  the  said  Hen:  promised  to  pay  w'hin  a  moneth,  onely 


164-1]  NEW   HAVEN   COLONY   RECORDS.  125 

desired  to  have  20^  of  itt  abated  for  lodging  and  fire  wood  for 
a  wliole  winter  in  his  cellar,  w'^li  was  thought  reasonable,  and 
Rich :  Mansfield  ordered  to  allow  itt. 

Math:  Hitchcock,  for  a  willfull  neglect  to  walke  the  round 
when  the  officers  called  him,  was  fined  5^ 

James  Haward,  Job:  Tompson,  Will  Bassett,  Anthony 
Tompson,  David  Evance,  Samuell  Willson  and  Sam  :  Hoskins, 
fined  each  ma  6*^  for  foole  guns. 

Tho:  Yale  and  Jonathan  Marsh  for  the  same,  6*^  a  peece. 

Rich:  Perry  and  his  2  men.  Will  Gibbard,  and  James  Stew- 
art &  Will  Ball,  for  late  comeing  fined  each  ma  1^. 

Roger  Knap,  defect,  all  except  a  gun,  fined  5^ 

Bro.  Lamson  defect,  gun  fined  4^. 

Theo :  Higginson,  James  Stewart  and  James  Haward  defect, 
belt,  fined  6^. 

Itt  was  ordered,  thatt  the  treasurer  shall  pay  1«  to  bro: 
Mosse  w^h  he  layd  downe  for  Goodma  PauU. 

Mr.  Batons  3  men,  Theo:  Higingson  and  his  man,  for  com- 
ing w^hout  armes  on  the  Lords  day,  fined  each  ma  2«. 

Math  Crowder,  Thomas  Caffins,  Theo:  Higginson,  James 
Stewart,  Tho :  Meaks,  Isaack  Whitehead,  Math:  Row,  Rich 
Mansfield,  Tho:  lies,  Lawrence  Warde,  Job:  Hill,  John  Coop- 
er, Jarvice  Boykin,  &  Mr.  Eatons  3  men,  fined  each  man  6*^, 
for  late  comming  to  the  meeting  w'^h  their  armes  Feb :  18, 1648. 


[82]        Att  a  Gen'11  Court  held  att  Newhaven 
THE  25*'^  OF  March, 
1644. 

Mr.  Malbon  &  Captaine  Turner  chosen  Deputyes  for  this 
towne  agst  the  Gen''ii  Court  for  the  jurisdictio. 

Mr.  Malbon,  Mr.  Evance,  Mr.  Lamberton  and  Mr.  Wakema 
chosen  Deputyes  for  this  halfe  yeare  next  ensueing. 

A  comittee  was  appoynted  to  consider  of  the  springs,  high- 
wayes  and  fences  ,in  questio  about  the  neck,  thatt  itt  might  be 
fenced  in  for  a  pasture,  wherevpon  a  questio  was  raised  by 
bro:  Gibbard,  w'her  they  might  not  fence  in  their  quarter 


126  NEW  HAVEN  COLONY  RECORDS.  [1644 

w'^h  the  spring  w*^!!  is  w^liiu  the  bounds  for  their  land  there, 
w^h,  after  some  debate,  itt  was  resolved  they  might  nott,  be- 
cause their  was  an  order  y*  none  should  fence  the  springs  in 
the  neck  fro  the  como  when  it  is  layd  for  a  pasture,  and 
so  they  rested  satisfied. 

Mr.  Malbon,  Mr.  Gilbert,  Mr.  Francis  Newma  and  Joshuah 
Attwater  were  chosen  comittee  for  the  premises. 

Mr.  Malbon  vndertooke  to  see  the  neck  fenced  forthw'h, 
and  those  who  have  land  their  are  to  pay  the  charg,  accord- 
ing to  their  proportio,  w^hin  20  dayes  after  the  account  is 
given  to  them,  or  else  they  shall  loose  the  feed  of  their  land 
for  2  yeares  next  ensueing  the  date  hereof. 

Itt  was  ordered  thatt  every  quarter  shall  appoynt  comittees 
for  their  quarters  to  veiw  the  outside  fences,  and  where  they 
finde  defects  to  Ictt  the  owners  know ;  and  if  they  doe  nott 
see  itt  mended  vpon  notice  so  given,  if  cattell  breake  in, 
though  it  canott  certainely  be  found  where  they  gott  in,  yett 
they  must  beare  the  damage  whose  fence  was  found  defective 
and  nott  mended. 

Itt  was  ordered  thatt  they  to  whome  the  affayres  of  the 
towne  is  intrusted  shall  dispose  of  Totokett  according  as  in 
their  wisdome  they  see  cause. 

Itt  was  ordered  thatt  the  2^^  drume  shall  be  the  period  of 
the  souldiers  connng  on  the  Lords  day. 

Itt  was  ordered  thatt  Stephen  the  drum'"  shall  have  5^  payd 
yearely  out  of  the  treasury  while  he  continues  drum^ 

Vpon  a  propositio  made  by  those  who  have  the  small  lotts, 
thatt  they,  may  have  the  Bever  meadowes  granted  to  them  by 
the  Gen'"  Court,  itt  was  ordered,  thatt  Mr.  Wakeman,  Mr. 
Gibbard,  Goodma  Gibbs  and  Mr.  Pearce  shall  veiw  the  said 
meadowes  and  certifie  the  Court  if  they  conceive  it  may  nott 
be  inconvenient  for  the  towne  to  part  w^h  itt. 


1644]  NEW    HAVEN   COLONY   RECORDS.  l27 

[83]     [Att  a  Court  of  Magistrates  held  att  Newhaven] 

THE   FIRST   OF   ApRILL,    1644. 

'  Tlieophilus   Eaton  Gou^'no'',  Stephen   Goodyeare, 
Depty  Gon'"no"^,  &  Thomas  Gregson,  Magistrate 
Present,  <(      for  New  Haven. 

Wiil  Fowler  &  Eclmond  Tappe  for  Milforde. 
Thirston  Rayner  for  Stamforde. 

Thomas  Stevenson  and  Georg  Slowson  of  Stamforde,  being 
appoynted  in  their  course  to  watch  the  Dutchman  who  mur- 
dered Captaine  Pattricke,*  (he  being  kept  prison''  in  the  house 
oT  Captaine  Vnderhill  from  whence  he  made  an  escape 
through  their  negligence,)  were  charged  wUi  the  said  escape. 

Tho :  Stevenson  said  thatt  they  were  carefuU  to  discharge 
the  trust  comitted  to  them,  according  to  the  best  of  their 
vnderstandimg,  butt  Captaine  Ynderhill  perswaded  them  to 
lett  him  goe  to  bed  in  a  chamljer  and  tolde  them  thatt  if  they 
did  butt  lock  the  dore  of  the  chamber  wherein  the  prisoner 
lay,  they  might  sitt  by  the  fire  in  the  lower  roome  att  the 
foote  of  the  staires,  w^li  the  did  and  had  no  company  butt  the 
captaine  and  his  wife  who  stayed  nott  long  w^h  them  before 
they  departed  to  their  lodghig,  and  about  2  or  3  bowers  after, 
they  missed  the  prisoni",  and  then  the  called  vp  the  magistrate. 

George  Slowson  saith,  thatt  he  questioning  about  the  safety 
of  the  window  of  the  chamber  where  the  prisoner  lay,  the 
captaines  wifef  showed  some  dislike  of  itt,  and  said  what  adoe 
is  here,  yet  the  said  Geo:  rested  not  there,  butt  spake  to  the 
Captaine  himselfe,  who  said  thatt  he  had  spoken  w^h  the  pris- 

*  Capt.  Daniel  Patrick  had  been  a  common  soldier  of  the  Prince's  guard  in  Hol- 
land, was  admitted  freeman  in  Watertown,  Mass.,  May  18,  1631,  and  chosen  captain 
March  9,  1636-7.  He  grew,  says  Winthrop,  proud  and  vicious,  and  perceiving  that 
his  evil  courses  would  not  be  endured  in  the  Bay,  he  removed  to  within  twenty  miles 
of  the  Dutch  and  put  himself  under  their  protection,  and  when  the  Indians  arose  in 
those  parts  he  fled  to  Stamford.  He  was  killed  in  Capt.  Underbill's  house,  on  a  Sun- 
day afternoon  during  the  time  of  afternoon  exercise.  "  The  Dutchman  had  charged 
him  with  treachery  for  causing  120  men  to  come  to  him  upon  his  promise  to  direct 
tliem  to  the  Indians,  etc.,  but  deluded  them.  Whereupon  the  captain  gave  him  ill 
language  and  spit  in  his  face,  and  turning  to  go  out,  the  Dutchman  shot  him  behind 
in  the  head,  so  he  fell  down  dead,  and  never  spake." — Mass.  Records  i.,  Sav. 
Winth.  ii.,  151. 

t  It  will  be  remembered  that  Captain  Underhill's  wife  was  a  Dutch  woman. 


128  NEW  HAVEN  COLONY  RECORDS.  [1644 

oner  to  know  if  he  had  no  temptatio  to  escape,  who  answered 
yea,  butt  alas,  said  he,  whither  can  I  goe,  I  had  rather  dye 
vnder  the  hands  of  a  christian  magistrate  then  vnder  the 
hands  of  the  Indians,  and  therevpon  the  said  George  rested 
more  secure,  he  further  saith,  thatt  when  the  messengers  came 
from  Newhaven,  the  captaine  said  to  them,  now  looke  to  tlie 
prisoner  yo"^  selves  for  I  will  take  charge  of  him  no  longer  now 
that  Newhaven  men  are  come. 

They  both  alleadge  and  stedfastly  affirme,  thatt  they  had 
no  perticular  directio  how  to  order  their  watch,  butt  onely  a 
gen""!'  charge  w<^h  was  given  att  first  to  the  watchmen,  namely, 
watch  the  prisoner,  and  thatt  itt  was  meere  ignorance  W^h  was 
the  cause  of  this  miscarry  age.  Butt  because  the  magistrate 
affirmeth  thatt  he  gave  a  new  and  more  strict  charge  thatt 
night  (vpon  the  coming  of  the  messengers  fro  Newhaven,) 
then  he  had  done  formerly,  and  the  watchmen  deny  thatt  ever 
they  heard  of  any  other,  so  y'  the  case  seemes  darke,  and 
because  the  Governo''  intends  to  go  to  Stamforde  shortly,  the 
Court  referred  itt  to  him  to  examine  and  determine  their,  if  he 
see  cause,  or  else  to  referre  itt  to  the  next  Court  of  magistrates 
and  binde  the  partyes  whom  it  concernes  to  answer  the 
same  then  and  there. 

Richard  Crab  of  Stamforde  was  called  to  answer  his  mis- 
carryage  in  chargeing  the  Court  at  Stamforde  w'h  injustice 
and  dishonesty,  he  said  he  did  nott  charge  the  court,  butt 
said  itt  was  his  apprehensio,  and  thatt  he  had  studdyed  the 
case,  butt  professed  he  could  not  yett  see  light  thatt  itt  is  just 
to  punish  the  boy  twice  for  one  fact,  he  said  thatt  the  occasio 
of  the  boys  fact  was  because  he  was  wont  to  borrow  a  gun  of 
the  man  fro  whom  he  tooke  itt,  and  therefore  thought  he 
might  make  the  more  bolde  to  take  itt  att  this  time,  butt  att 
last  seeing  so  cleare  an  evidence  against  him,  he  confessed  he 
had  failed  in  speakeing  such  words,  and  said  he  was  vnder  a 
temptatio,  fearing  thatt  if  his  boy  were  publiquely  whipped,  itt 
would  cause  him  to  run  away,  wh  would  be  a  great  losse  to 
him  and  a  greefe  to  his  wife.  The  Court  haveing  heard  all 
thatt  he  could  say  for  himselfe,  sensured  him  to  pay  5^  fine  to 
Mr.   Rayner  the  magistrate  att  Stamforde  before  the  next 


1644]  NEW    HAVEN   COLONY   RECORDS.  129 

court   of  magistrates,  and  allso  to  acknowledge  his  miscar- 
riage. 


The  2''  of  Aprill  1644. 

Whereas  some  cattell  of  the  goods  of  Owen  Row  of  London , 
marchant,  have  beene  form'ly  attatched  att  the  suite  of  Rich : 
Bellingham  of  Boston  Esqr.  (for  a  de))tof  62^  10^,)  who  hath 
ordained  Rich :  Malbon  of  Newhaven  liis  attournay  to  psecute 
the  said  attatchm"^,  and  the  said  Mr.  Malbon  hath  now  desired 
the  judgm^  of  this  Court  concering  the  saide  debt,  w^h  he 
cleared  to  the  court  to  be  due  to  the  said  Rich :  Bellingham. 
And  therevpon  the  court  gave  judgment  for  the  said  Mr.  Bel- 
lingham, he  haveing  vndertaken,  by  a  bill  vnder  his  hand,  to 
save  this  Court  harmless  fro  all  just  molestations  for  the  same. 


[84]     A  GEN[rii]  Court  held  att  Newhaven  [/or  the  juris- 
dictio]  the  3^  op  Aprill  1644. 

Present. 

Magistrates.  Deputy  es. 

Theoph:  Eaton,  Governo'",    \  Captaine  Turner  |     pro 

Stephen  Goodyeare,  Depty,  >  ^^^^^Rich  :  Malbon      \  Newh  : 
Thomas  Gregson,  )  Zack :  Whitman  )      pro 

Witt  Fowler         )  .  John  Astwood     \  Milford 

Edmond  Tapp      }  ^*^^'  ^^ilfoi'^lc         ^y  •  jj  ^^^^g  ^  j^^^^l^  Sheath 

Thirston  Rayner  for  Stamforde  ^  Guilford 

Andrew  Ward  ]        pro 

&  Robt  Coe      S  Stamforde 

Itt  was  ordered  thatt  the  fundamentall  orders  concerning  the 

fixed  Genrii  Courts  and  Courts  of  Magistrates  shall  be  a  sufili- 

cient  sumons  to  all  the  plantations  w'hin  this  jurisdictio,  and 

thatt  they  shall  expect  no  other  warning  to  prepare  them  for 

the  same,  and  for  thatt  end  the  magistrate  or  magt^  of  every 

plantatio  shall  call  a  meeting  some  convenient  time  before  the 

said  Gen''i  Courts  to  chuse  their  deputyes  who  are  to  lie  sent 

17 


130  NEW   HAVEN    COLONY   RECORDS.  [1644 

w^li  due  certifficates,  and  not  to  come  w^hout  as  some  now  did, 
though  the  Court  passed  itt  over  att  this  time. 

This  day  a  forme  of  an  oath  for  the  Governo'"  and  magistrats 
to  take,  and  another  forme  of  an  oath  to  be  imposed  upon 
all  the  inhabitants  wUiin  this  jurisdiction  was  propounded  to 
the  consideratio  of  the  court,  who,  after  some  serious  debate 
and  consideratio,  rested  satisfyed  wUi  the  said  formes.  And 
therevpon  ordered,  thatt  itt  should  be  forthw^h  putt  in  execu- 
tio,  and  whereas  the  Governo'"  doth  shortly  intend  a  journay 
to  Stamforde  on  other  occasions,  the  Court  desired  him  to 
improve  thatt  opportunity,  both  att  Stamforde  and  att  Milford, 
for  the  giveing  of  the  oath,  and  the  like  att  Guilforde  in  time 
convenient.  Itt  was  further  ordered  thatt  no  person  or  per- 
sons shall  hereafter  be  admitted  as  an  inhabitant  in  this  juris- 
dictio  or  any  of  the  plantations  therein  butt  he  or  they  shall 
take  the  said  oath  vpon  his  or  their  admittance. 

Itt  was  ordered,  thatt  there  shall  be  two  marketts  or  fayrs 
for  cattell  and  other  goods  every  yeare  att  Newhaven,  (viz) 
one  on  the  third  Wednesday  in  May,  the  other  the  third 
Wednesday  in  September. 

Itt  was  ordered,  thatt  the  Court  att  Stamford  shall  pro- 
ceed in  all  their  conclusions  and  determinations  as  the  rest  of 
the  plantations  in  this  jurisdictio  doe,  and  as  is  ordered  in  the 
fundamentall  orders  of  the  last  Gen""'!  Court  for  the  jurisdic- 
tio, (viz)  thatt  the  sentence  of  the  Court  be  carryed  by  the 
vote  of  the  majo''  part  of  the  Court. 

Itt  was  ordered,  thatt  whensoever  any  capitall  ofFendo'' 
shall  be  apprehended  w^hin  this  jurisdictio,  he  shall  be  sent 
w*h  all  convenient  speed  to  Newhaven,  there  to  be  kept  in 
safe  custody  till  he  be  brought  to  due  tryall. 

Itt  was  ordered  thatt  the  judiciall  lawes  of  God,  as  they 
were  delivered  by  Moses,  and  as  they  are  a  fence  to  the  mor- 
rall  law,  being  neither  typicall  nor  ceremoniall,  nor  had  any 
referrence  to  Canaan,  shall  be  accounted  of  morrall  equity, 
and  geni'lly  binde  all  offender  and  be  a  rule  to  all  the  courts 
in  this  jurisdictio  in  their  proceeding  against  offendo''^  till 
they  be  branched  out  into  perticulars  hereafter. 

Itt  was  ordered  thatt  in  case  any  of  the  magistrates  in  the 


1644]  NEW   HAVEN    COLONY   REC0ED8.  131 

smaller  plantation  see  need  of  help  in  some  weighty  causes  or 
difficult  knotty  cases,  v])on  due  notice  and  request  to  the 
Governo'",  provisio  shall  be  made  accordingly. 
[85]  IJItt  was  ordered  thatt  for  the  more  comfortable  carry- 
ing on  of  the  atfayres  att  Guilforde  till  they  have  a  magistrate 
their,  the  free  burgesses  may  chuse  among  themselves  fewer 
deputyes  and  forme  a  court. 

Itt  is  ordered  thatt  every  male  from  16  to  60  yeares  olde 
w^iin  this  jurisdictio  be  furnished  forthw^h,  w^h  a  good  gun, 
a  sword,  a  pound  of  good  poudcr,  4  fathom  of  match  for  a 
matchlock,  5  or  6  good  flints  fitted  for  every  fyre  lock,  and  4 
pound  of  pistoU  l^ulletts,  or  24  bulletts  fitted  for  every  gun, 
and  so  continue  furnished  from  time  to  time,  vnder  the  pen- 
alty of  IQs  fine  for  every  person  found  faulty  or  defective. 

Itt  was  further  ordered,  thatt  the  Captaine  shall  give  order 
to  the  officers,  that  they  take  a  strict  veiw  once  every  quarter 
of  a  yeare,  thatt  all  the  males  from  16  to  60  l^e  furnished  as 
above,  vnder  the  penalty  of  40^  fine,  and  if  the  officers  shall 
neglect  to  doe  itt  att  his  appoyntmcnt,  their  fine  is  40^  allso, 
to  be  leivyed  att  the  discretion  of  the  Court,  and  thatt  a 
retourn  of  the  said  veiw  be  made  vnto  the  magistrate  or 
Court,  by  the  captaine  or  his  clarke  att  his  appoyntm%  vnder 
the  penalty  of  the  fine  aforesaid.  Moreover,  itt  was  ordered, 
thatt  there  shall  be  att  least  6  traynings  every  yeare  in  every 
plantation,  &  never  aliove  one  of  those  6  in  a  moneth,  vnder 
the  penalty  of  5^  fine,  to  be  leivyed  of  the  military  officers  for 
every  default.  Note  thatt  in  such  plantations  where  there  is 
no  captaine  for  the  present,  there  the  cheefe  officer  is  in  stead 
of  the  captaine,  and  is  to  veiw  vnder  the  penalty  of  the  cap- 
taines  fine. 

Itt  is  allso  ordered,  thatt  throughout  this  jurisdictio,  there 
shall  be  a  comon  stock  of  pouder  and  shott,  according  to  the 
orders  of  y*'  comissioners  for  the  coUonyes,*  (viz)  a  hundred 

*  "  The  comissioners  do  think  it  fitt  to  aduise  every  genei-al  court  that  they  would 
see  thatt  every  man  may  keepe  by  him  a  good  gun  and  sword,  one  pound  of  pouder 
with  foure  pounds  of  shott,  with  match  or  flints  sutable,  to  be  ready  vpon  all  ocations, 
and  to  be  carefully  viewed  foure  tymes  a  yeare  at  least.  And  that  over  and  aboue 
this,  euery  generall  court  do  see  that  they  keep  a  stock  of  pouder,  shott  and  match 
ever  by  them.    And  it  is  conceived  by  the  comissioners  that  one  hundred  pounds  ot 


132  NEW    HAVEN   COLONY   RECOEDS.  [1644 

pound  of  ponder  and  400^  of  shott,  (layde  vp  in  every  plan- 
tatio,)  for  every  hundred  men  or  males  as  aforesd,  and  so 
in  proportio  differently,  vnder  the  penalty  of  1^  fine  for  every 
pound  of  ponder,  and  20^  for  every  hundred  weight  of  shott 
w"^!!  shall  be  found  wanting  after  3  moneths  next  ensueing  be 
expyred  ;  the  fines  for  these  defects  are  to  be  payd  into  the 
como  wealths  treasury. 

Itt  was  ordered,  thatt  a  4:^^  part  of  the  trayned  band  in 
every  plantatio  shall  come  to  the  publique  worP^  of  God  att 
the  beating  of  the  2^  drum  att  furthest,  wUi  their  armes  com- 
pleat,  their  guns  ready  cliarged,  w*h  their  match  for  their 
matchlocks  and  flints  ready  fitted  in  their  firelocks,  &  shott  & 
ponder  for  att  least  5  or  6  charges,  (besides  their  charge  in 
their  guns,)  vnder  the  penalty  of  2*  fine  for  neglect  or  defect 
in  furniture,  and  1^  for  late  comeing,  allso  the  scntinell,  and 
they  who  walke  the  rounde,  shall  have  their  matches  lighted 
dureing  the  time  of  the  meeting,  if  they  vse  match  locks. 

Itt  was  ordered,  thatt  a  strict  watch  shall  be  kept  in  all  the 
plantation  in  this  jurisdictio,  from  the  first  of  March  to  the 
last  of  October  every  yeare  ordinaryly,  leaveing  extraordinary 
cases  to  the  Governo''  or  Magists,  to  order  as  occasion  may 
require,  and  in  the  ordinary  course  to  be  observed  as  follow- 
eth ;  The  drum  is  to  beate  att  the  goeing  downe  of  the  su,  all 
the  watchmen  to  be  there  w'hin  an  hower  after  the  setting  of 
the  suii ,  w'h  their  armes  compleate  and  guns  charged,  and  att 
least  5  or  6  shotts  of  shott  and  pouder  besides,  for  each  of  them, 
and  if  any  of  them  come  late,  or  ])e  defective  in  their  armes, 
they  are  to  pay  1*^  fine.  If  totally  absent,  5^  fme.  The  watch 
is  to  be  sett  wMiin  an  hower  after  the  sunsett,  and  so  is  to  con- 
tinue vntill  itt  be  halfe  an  hower  day  light  in  the  morning,  in  all 
wh  time  none  are  to  sleepe.  These  fines  are  to  be  payd  into 
the  severall  plantions  treasury. 


pouder  and  foure  hundred  pounds  of  shott,  with  match  sutable,  at  the  least,  be  pro- 
vided for  every  liundred  men  thorow  all  the  vnited  Colonies  of  New  England,  and  that 
the  con'^issioners  at  each  meeting  report  how  the  seueraU  jurisdiccons  are  furnished. 
*  *  *  It  is  judged  raeete  by  the  comissioners  that  there  be  trayneings  at 
least  six  tymes  euery  yeare  in  each  plantacon  within  the  confederacon." — Rec.  U. 
Col.  Sept.  1643.     Hazard  ii,  9. 


1644]  NEW   HAVEN   COLONY   RECORDS.  133 

Itt  was  ordered,  thatt  the  Deputy  Goveriio''   shall  give  the 
Governo'"  his  oath. 

Itt  was  ordered  thatt  the  Secretary  shall  have  ^ 

sallary,  and  the  marshall  3^  p  anu. 


[S6^  A  Court  held  att  Newhaven  the  5i'' 

OF  Aprill  1644. 

John  Dillingham,  Jonathan  Rudd,  Edmond  Tooly,  John 
Massam,  John  Hurndell,  Mr.  Auger,  Lanclott  Fuller,  Wiii 
Wooden,  Dauid  Evance,  for  a  drunken  disorderly  meeting  at 
the  prison  on  a  Lords  day  att  night,  where  they  drunke  3  bot- 
tles of  sack  containing  3  quarts,  and  2  quarts  of  strong  water 
besides  ;  were  fined  every  man,  according  to  the  quallity  and 
aggravatio  of  his  offence,  as  followeth,  John  Dillingham  and 
Jonathan  Rud  were  fined  20^  apeece,  being  the  anthers  prin- 
cipally, Edmond  Toly  10'  for  fetching  the  wine,  and  John 
Massam  for  fetching  the  strong  liquor,  fined  10«,  John  Hurn- 
dell, Mr.  Auger,  and  Will  Wooden,  fined  each  man  five  %  and 
Lanclott  Fuller  and  David  Evance  fined  each  3^  4*^  apeece, 
because  they  were  butt  occasionally  present  w'h  the  rest. 

Itt  was  ordered  thatt  Sergeant  Bcckley  according  to  his 
desire,  shall  have  liberty  for  this  yeare  to  make  a  Avare  in  the 
East  River  and  thatt  none  shall  take  lil)erty  to  doe  the  like 
w'diout  license  of  y^  court. 

Forasmuch  as  the  whole  estate  of  Thomas  Trobridge  of 
Newhaven  is  to  be  sequestred  for  the  paym*  of  his  debts,  (he 
absenting  himselfc,  and  takeing  no  course  concerlng  the  same,) 
and  his  famyly  to  be  disolved.  Sergeant  Geffrey  and  his  wife 
being  willing  to  take  the  children  of  the  said  Thomas  Tro- 
bridge vpon  tearmes  as  followeth,  thatt  he  may  have  20  bush- 
ells  of  corne,  a  brass  pott,  and  a  bed  for  the  children  to  lye 
vpon,  the  Court  ordered  thatt  the  children  should  be  putt  to 
the  said  Sergeant  Jeffrey  vpon  the  said  tearmes;  provided 
thatt  in  case  their  father  shall  come  over,  or  send  to  take  order 
concerning  them,  thatt  then  he  will  referr  himselfe  to  the  Court 
to  judg  and  determine  whatt  is  equall  for  him  to  have  for  the 


134  NEW  HAVEN  COLONY  RECORDS.  [1644 

keeping   of    them,  &  in  the  meane  time  he  will  take  care 
thatt  they  be  well  educated  and  nurtured  in  the  feare  of  God. 


Att  a  Court  holden  the  1'  op  May  1644, 

Bro :  Pery,  being  ma''  of  a  watch  and  willfully  neglecting 
itt,  was  fined  10^ 

Math  Row,  for  sitting  downe  to  sleep  when  he  should  have 
stood  sentinell,  was  fined  5^, 

Bro:  NichoUs,  bro:  Gibbert,  Rich:  Web,  Tho:  Wheeler, 
Hen  Lendall  and  Wili  Bassett,  fined  each  man  1«  for  late  com- 
ing on  the  Lords  day  w^li  their  armes. 


[87]     A  Gen"^!!  Court  held  att  Newhaven  the  25  of 
May  1644,  about  the  Indians. 

A  letter  from  Mr.  Ludlow  was  read  in  Court  wherein  he 
intimated  thatt  whereas  an  Englishman  hath  been  cruely 
murdered  of  late  by  the  Indians,  (as  he  was  travilling  betwixt 
Stamforde  and  Ynkaway,)  he  had  caused  7  Indians  to  be 
apprehended,  hopeing  thereby  to  procure  the  murderers,  butt 
the  Indians  riseing  in  great  companyes  about  theire  towne  doe 
putt  the  inhabitants  thereoff  in  feare,  and  therefore  he  desired 
advice  whatt  to  he  should  doe  in  the  case.  Wherevpon  itt 
was  ordered  y*^  advice  should  be  given  him  to  detaine  the 
Indians  prisoners,  w^h  intematio  thatt  if  there  be  cause  of 
help  and  they  desire  itt,  men  shall  be  sent  vnto  them  vpon  the 
retourne  of  the  messengers,  and  for  thatt  end  thatt  20  men 
shall  be  putt  in  readynes  forthw^h,  and  fitt  to  send  if  need  be 
upon  a  short  warning. 


1644]  NEW   HAVEN   COLONY  RECORDS.  135 

A  Gen''!'  Court  held  att  Newhaven  the  3  op  June,  1644. 

A  letter  from  Thirston  Rayner,  magistrate  of  Stamforde, 
being  read  in  the  court,  itt  appeares,  thatt  a  woma  of  thatt 
to^yne  hath  of  late  beene  cruelly  wounded  if  nott  murdered  by 
an  Indian,*  so  thatt  itt  is  thought  thatt  the  Indians  being  so 
bolde  and  insolent  are  misceivously  bent  to  begin  a  warr 
against  the  English,  therefore,  itt  was  ordered,  thatt  a  speedy 
course  be  taken  to  finde  out  the  murderer,  and  thatt  the  Gov- 
erno'",  magistrates  and  deputyes,  w^h  the  captaine  and  leive- 
tennant  as  a  councell  of  warr,  shall  order  all  the  martiall 
affayres  in  this  jurisdiction  vntill  the  next  court  of  electio. 


Att  a  Court  held  att  Newhaven  5ti»  of  June,  1644. 

John  Chapman  being  maJ"  of  a  watch  and  neglecting  itt,  was 
fined  IQs. 

Mr.  Gilberts  man,  being  absent  att  his  watch,  was  fined  5». 

George  Larrymo"",  for  neglecting  his  watch,  fined  2^  G^. 

Theophilus  Higginson  was  complained  off  for  keeping  a  dog 
w^h  hath  trespassed  divers  of  his  neighbours,  and  he  hath 
beene  tolde  of  itt. 

A  will  and  inventory  of  John  Owens  delivered  into  the  court 
by  John  Hall,  his  executo^ 

Itt  was  ordered  thatt  George  Pardy  shall  dwell  w^h  Francis 
Broone  as  his  apprentice,  for  the  tearme  of  5  yeares  from 
henceforwarde,  dureing  w^li  time  the  said  Francis  is  to  doe  his 
endeuo""  to  teach  him  the  trade  of  a  taylo^. 

*  "  At  Stamford  an  Lidian  came  into  a  poor  man's  house,  none  being  at  home  but 
the  wife,  and  a  child  in  the  cradle,  and  taking  up  a  lathing  hammer  as  if  he  would 
have  bought  it,  the  woman  stoopmg  down  to  take  her  child  oiit  of  the  cradle,  he 
sti'uck  her  with  the  sharp  edge  upon  the  side  of  her  head,  wherewith  she  fell  down, 
and  then  he  gave  her  two  cuts  more  which  pierced  into  her  brains,  and  so  left  her  for 
dead,  canying  away  some  clothes  which  lay  at  hand.  This  woman  after  a  short  time 
came  to  herself,  and  got  out  to  a  neighbours  house,  and  told  what  had  been  done  to 
lier,  and  described  the  Indian  by  his  person  and  clothes,  etc.  Whereupon  many  In'- 
dians  of  those  parts  were  brought  before  her,  and  she  charged  one  of  them  confidently 
to  be  the  man,  whereupon  he  was  put  in  prison  with  intent  to  have  him  put  to  death, 
but  he  escaped,  and  the  woman  recovered,  but  lost  her  senses.     Sav.  Winth.  H.  188. 


136  new  haven  colony  records.  [1644 

[88]     Att  a  Gen'1'  Court  held  att  Newhaven  the  23  of 

June,  1644. 

Bro :  Wiii  Tompson  and  Henry  Lendall  were  admitted  mem- 
bers of  the  court. 

The  formes  of  two  oathes  were  propounded  to  tlie  Court  to 
be  taken  the  next  second  day  in  the  morning,  by  all  the  inhab- 
itants in  this  plantatio,  one  of  them  is  to  be  taken  by  all,  and 
the  other  by  the  governo'"  onely. 

A  motio  made  on  the  behalfe  of  Goodma  Smyth  for  a  lott 
by  the  sea  side,  beyond  the  West  River,  was  taken  into  consid- 
eratio  and  referred  to  bro:  Gibs,  bro:  Miles,  bro:  Ceely,  bro: 
Clarke  and  bro:  Peck,  to  see  if  itt  may  stand  w^h  the  conven- 
iencie  of  the  towne  to  grant  itt. 

Itt  was  ordered  thatt  the  night  watches  be  carefully  attend- 
ed, and  the  warde  of  the  Saboth  dayes  be  dilligently  observed, 
and  yt  every  one  of  the  trayned  band  bring  their  armes  to  the 
meeting  every  Lords  day ;  allso  y^  the  great  guns  be  putt  in 
readynes  for  service ;  allso  y'^  the  dru  be  beaten  every  morning 
by  breake  of  the  day,  and  att  the  setting  of  the  sunne. 

Itt  was  ordered  y*  every  Lords  day  2  men  shall  goe  w^h 
every  heard  of  cattell  w'h  their  armes  fitted  for  service  vntill 
these  dangers  be  ouer. 

Itt  was  ordered  thatt  the  fearmes  shall  be  freed  fro  watching 
att  the  towne  while  there  is  need  of  watch  att  the  farmes,  pro- 
vided thatt  they  keepe  a  dilligent  watch  there. 


Att  a  Gen""!!  Court  held  att  Newhaven  the  1'  of  July, 

1644. 

The  Governo''  tooke  this  oath  as  folio weth, 

I  Theophilus  Eaton,  being  att  a  Gen^'ii  Co*"^  in  October  last, 
chosen  Governo''  w^iin  Newhaven  Jurisdictio  for  a  yeare  then 
to  ensue,  and  vntill  a  new  GovernC  be  chosen,  do  sweare  l^y 
the  great  and  dreadfull  name  of  the  ever  living  God,  to  pro- 
move  the  publique  good  and  peace  of  the  same,  according  to 
the  best  of  my  skill,  and  will  allso  maintaine  all  the  lawfull 
priviledges  of  this  como  wealth,  according  to  the  fundamental! 


1644] 


NEW    HAVEN   COLONY   RECORDS. 


137 


order  and  agTeem^  made  for  governm'^  in  this  jurisdictio,  and 
in  like  manner  \Yill  endeuo''  thatt  all  wholsome  lawes  thatt 
are  or  shall  be  made  by  lawfull  authority  here  established  be 
duely  executed,  and  will  further  the  executio  of  justice  accord- 
ing to  the  righteous  rules  of  Gods  worde,  so  help  me  God  in 
o""  Lord  Jesus  Christ. 


The  Govcrno''  haveing  allso  received  the  oath  of  fidelity  as 
foUoweth,  I  Theophilus  Eaton,  being  by  the  providence  of  God 
an  inhabitant  w'hin  Ncwhaven  Jurisdictio,  doe  acknowledge 
myselfe  to  be  subject  to  the  goverm*  thereof,  and  doe  sweare  be 
the  great  and  dreadfull  name  of  the  ever  living  God,  to  be  true 
and  faithfull  vnto  the  same,  and  doe  submitt  both  my  person 
and  my  whole  estate  therevnto,  according  to  all  the  wholsome 
lawes  and  orders  thatt  for  present  are  or  hereafter  shall  be 
there  made  and  established  by  lawfull  authority,  and  thatt  I 
will  neither  plott  nor  practise  any  evill  agst  the  same,  nor  con- 
sent to  any  thatt  shall  so  doe,  butt  will  timely  discover  the 
same  to  lawfull  authority  here  established,  and  thatt  I  will  as 
I  am  in  duety  boundc,  maintainc  the  hono"^  of  the  same  and  off 
[89]  the  lawfull  magistrates  thcrcoff,  promoting  the  ||  pub- 
lique  good  of  the  same  whilest  I  shall  continue  an  inhabitant 
there.  And  whensoever  I  shall  be  duely  called  as  a  free  bur- 
gesse,  according  to  the  fundamental!  order  and  agreem'^  for 
governmt  in  this  jurisdicti(3  to  give  my  vote  or  suffrage  touch- 
ing any  matter  w^h  concerneth  this  como  wealth,  I  will  give 
itt  as  in  my  conscience  I  shall  judge  may  conduce  to  the  best 
good  of  the  same  w'hout  respect  of  persons,  so  help  me  God, 
&c. 

Then  he  gave  itt  to  all  those  whose  names  are  herevnder 
written, 

Stephen  Goodyeare    Thomas  Fugill 
Thomas  Gregson       Ezech:  Cheevers 

John  Ponderson 

Will  Andrewes 

John  Chapman 

John  Clarke 

Robt  Ceely 


Richard  Malbon 
John  Evance 
John  Wakeman 
Nath :  Turner 
Math:  Gilbert 


Rich:  Hull 
John  Mosse 
Adam  Nicholls 
Abraham  Bell 
Joshuah  Attwater 
Tho:  Kimberley 
Tho:  Jeffrcyes 


i| 


18 


138 


NEW   HAVEN   COLONY  RECORDS. 


[1644 


Will  Thorpe 
Francis  Newma 
Andrew  Low 
Tho:  Mounson 
Tho:  Nash 
Rich :  Pery 
Wiii  Peck 
John  Gibbs 
John  Livermoore 
Nicho:  Elsey 
Antho:  Tompson 
John  Vincent 
Wiii  Potter 
Jasper  Craine 
Rich  Miles 
Roger  Allen 
Will  Ives 
Francis  Browne 
John  Nash 
Will  Davis 
Sam :  Whitehead 
John  Brockett 
Math  Camfield 
Tho:  Lamson 
Math :  Moulthrop 
Will  Preston 
Tho :  Beamont 
Marke  Pearce 
James  Russell 
Will  Tompson 
Henry  Lendall 
Robt  Abbott 
Will  Gibbard 
Will  Bassett 
Thoihas  Wheeler 
Henry  Browning 
Benjamin  Lingo 
Tho:  Yale 


Rich :  Beckley 
John  Cowp 
Jarvis  Boykin 
Robt  Hill 
Rob*  Johnson 
Arther  Halbidge 
Edward  Banister 
Tymo:  Forde 
Mathias  Hitchcok 
James  Clarke 
Rich:  Osborne 
Edward  Patteson 
Geo:  Smyth 
Will  Janes 
Jerr:  Whitnell 
Tho:  Morris 
Benjamin  Willmott 
Tho:  Powell 
Peter  Browne 
John  Tompson 
John  Tomas 
Tho:  Mitchell 
Will  Gibbons 
John  Hall 
Luke  Hitchcock 
Rich:  Newman 
Tho:  Knowles 
Edward  Chippfield 
Steph:  Medcalfe 
Christo:  Todd 
Tho :  Osborne 
Robt  Pig 
Natli:  Merryma 
Sam:  Higginson 
Theoph:  Higison 
David  Atwater 
Rich:  Mansfielde 
Hen:  Glover 


Daniell  Paule 
John  Wilforde 
Hen:  Peck 
Will  Russells 
Will  Fowler 
Geo  Larrymore 
Robt  Allen 
John  Caffins 
Tho:  Wheeler 
Luke  Atkinson 
Thomas  Lupton 
Ephraim  Penington 
Allen  Ball 
Edward  Parker 
Lawrence  Warde 
Tho:  Coefield 
Johnath:  Rudd 
John  Griffin 
James  Hewarde 
Rich:  Beach 
David  Evance 
Robt  Campion 
Edward  Watson 
John  Dillingham 
Will  Slow 
Robt  Martin 
John  Hill 
Ambrose  Sutton 
John  Walker 
Thomas  Blakcley 
Thomas  Clark 
Rich:  Spery 
Henry  Morrill 
Tho:  lies 
Edmond  Tooly 
Johnathan  Sergant 
Tho:  North 
Robt  Persons 


M 


1644] 


NEW   HAVEN   COLONY   RECORDS. 


139 


Will  White 
Raipli  Lines 
Rob*  Bassett 
Roger  Knap 
Robt  Mecar 
Will  Mecar 
John  Beach 
John  Hutchison 
Joseph  Peck 
Tho:  Robinson 
Will  Fancie 
Rice:  Edwards 
Tho :  Roljinson  juii 
Mighell  Palmer 
Rob*  Lee 
Will  Holt 
Tho:  Barnes 
Rob*  Emery 
Robt  Vsher 
James  Guillam 
Ed :  Campe 
Phillip  Leake 
Abra:  Doolittle 
Will  Ball 
Nich:  Baly 
Rich :  Harrison  jii'' 


James  Bell 

John  Linley 

Isaack  Mould 

Joseph  Alsop 

Rich:  Lambert 

Edward  Preston 

Edward  Newton 

Will  Bladen 

Rich :  Webb 

John  Mors 

John  Kimber 

Joh:  Seckett 

Fran:  Church 

Hen:  Gibbons 

Will  Paine 

John  Hurnde[ll] 

Tho:  Caffins 

Isaak  Beache[r] 

Edward  Hitch  [cock]  Peter  Mallery 


Joh:  Benham 
Edw:  Wiglsewor[th] 
Johnath:  Marsh 
Raiph  Dighto 
Mr.  Bracie 
Joh:  Wakefi[eld] 
Hen:  Bish:p 
Will  Bradley 
Abra :  Stolyon 
Geo :  Warde 
Roger  Betts 
Nath :  Burchall 
Fran:  Hall 
Joh:  Herrima[n] 
Sam:  Hoskins 
Rich :  Harrison  [sen] 
Nicli :  Auger 
Sam:  Willson 


John  Massam 
Geo :  Dunino; 


August  5t'i 
1644 
Fran:  Brewst[er] 
Geo:  Lamberton 


23 

he  nand 


Joh:  Hunter 
Martin  Titcliin 
Sam:  Caffins 
Will  Toutle 
Hen  Ruderford 
Joh:  Bassett 
Joh:  Megs 


[The  following  names  in  the  nandwriting  of  Francis  Newman.] 


March  the  7'^  1647  Henery  Loynes 
Samuell  Ceffinch       William  Judson 


Thomas  Johnson 
Mathew  Rowe 
Isacke  Whithead 
Richard  Mordan 
Joseph  Gernsye 
Edward  Keylye 
Richard  Hubball 
Job  Halle 


James  Bishope 
Daniel  Turner 
Thomas  Meekes 
Henery  Carter 
John  Chidsye 
Beniamen  Hill 
Joseph  Nash 
Thomas  Beech 


Henery  Bristowe 
John  Winston 
Robert  Preston 
Thomas  Marshall 
Thomas  Dun 
Joshua  Griffon 
Samuell  Goodanhouse 
John  Tompson 
Edward  Watters 
John  Jones 


140 


NEW   HAVEN    COLONY   RECORDS. 


[1644 


The2ti'  ofMayel647Epliraim  How 

John  Knight 

old  Willmott  John  Johnson 

Samuell  Marsh  Geo:  Pardy 

James  Eaton 

John  Jackson 
Jeremiah  Osborn 


John  Benham  jun"^ 
Joseph  Benham 


May  2d  1654 


the  18th  of  October 

1648 
at  a  conrt  of  Magis 

trats. 
Mr.  Westerliouse 


Hen:  Boiitle 
Sam  Andrewes 
Robert  Clarke  his  man  Thom  Hogg 


Aprill  4th  1654 


Mr.  Samuell  Eaton 
Robert  Talmage 
Thomas  Harrison 
John  Downe 
Timothy  Nash 
Jeremiah  How 
Sam:  Farres 


Math :  Molthrop  jun 
Joseph  Potter 
Anthony  Tompson 
Ellis  Mecs 
Hen  Hummerston 


Edward  Perkins 
Andrew  HaUaway 
John  Brookes 
John  Hudson 
Thomas  Trobridge 

Jeremia  Hull  

John  Potter  22th  May  1654. 

Richard  Johnson       Will  Willmott 
John  Allen  Will  Wooden 

John  Baile  Richard  Miles  jun'' 

William  Pringle        Daniell  Hopper 
William  Gibbs,  Hatter  [JJohn  Tuttill 
ut)  see  138      jb" 


[Transferred  from  page  138.    In  the  handwriting  of  Fi-ancis  Newman.] 

The  names  of  persons  that  haue  taken  the  oath  of  fidellitie 
are  entered  in  fo:  89,  and  follow  as  hereafter,  ye  7th  2d  mo: 
1657. 

Mr.  Bower  Tho :  Tomlinson 

Mr.  John  Dauenpo'"t  Tho:  Addams 


jun 
Samuell  Wakeman 
Geo:  Constable 
Jonathan  Tuttill 
Jeremiah  Johnson 
John  Lambert 
John  Dauis 
Anthony  EUcott 
Wilim:  Chatterton 


John  Walker 
Sam:  Ford 
Benja:  Bunill 
Edmund  Dormer 
Sam  Myles 
John  Browne 
John  Hull 
Thom  Weeden 
Isack  Hall 


Daniell  Bradley 
Joseph  Mansfeild 
John  Tompson 
Humphery  Spenning 
Wilim  Tyler 
Mr.  Melyen  . 
Jacob  Melyen 
Wilim.  Anderson 
Richard  Anderson 
Stephen  Daniell 

iJ 


\i^ 


IJ 


1644]  NEW    HAVEN    COLONY  REC0KD8.  141 

[Tlio  following  in  the  handwriting  of  Mr.  Gibbard.J 

The  first  of  May  1660  Joseph  Pecke  Stephen  Bradely 

Thomas  Hnckly         Nathaniel  Boykin  Zackariah  How 

Daniel  Shearman     Nathan  Andrewes  Nathaniel  How 

Moses  Mansfeild        Thomas  Tuttle  John  Hichcock 

Richard  Bowten        Hackeliah  Preston  Mathias  Hithfeild 

George  Rawse  Isaac  Turner  Cornelius  Offhening 

James  Clarke  junio''  Nathaniel  Thorp  ^ 

Jehiell  Presto  Eliazer  Browne 

[In  the  handwriting  of  Thomas  FugilL] 

[90]  Itt  was  ordered  thatt  the  weekely  traynings  of  the 
squadrons  shall  be  renewed  as  before,  every  last  day  of  the 
weeke,  (except  thatt  weeke  wherein  the  gen'"!!  trayning  is, 
w^h  is  to  be  every  fift  weeke,  and  that  the  olde  orders  be  ob- 
served, w^h  was  made  the  6'  of  August  1642,  concerning  the 
trayning  of  y*'  squadrons. 

Liberty  was  given  by  the  Court  to  liegin  an  Artillary  com- 
pany, and  to  ad  to  themselves  such  as  out  of  the  trayned 
band  or  others  being  free,  doe  offer  theselves  to  be  of  the 
Artillary,  and  to  chuse  their  owne  ofiicers  and  settle  their 
owne  orders,  so  as  they  use  the  said  liberty  moderatly, 
nott  intrenching  upon  the  fundamentall  agreemt  of  this  Court, 
provided  allso  thatt  they  so  order  their  traynings,  thatt  if  any 
of  the  officers  of  the  trayned  band  be  of  the  Artillary,  they 
may  attend  the  squadrons  traynings  and  yett  not  loose  the 
opportunity  of  the  Artillary  meetings,  and  thatt  all  such  as 
are  accepted  of  the  Artillary  shall  be  freed  from  the  squad- 
rons traynings  if  they  be  nott  officers  of  the  trayned  band. 

Itt  w^as  ordered,  thatt  if  a  trayning  day  prove  rayny,  the 
next  second  day  after  shall  be  for  a  gen^ii  trayning  in  stead 
thereof. 

John  Clarke  desired  to  lay  downe  his  sergeants  place, 
whereupon  John  Nash  was  chosen  sergeant. 

Abraham  Bell  was  chosen  corporall  in  stead  of  John  Nash. 

Joshuah  Atwater  desired  to  lay  downe  his  clarks  place,  and 
thereupon  Rich :  Perry  was  chosen  clarke  of  the  trained  band 
in  his  stead,  and  he  freed  from  trayning  in  respect  of  his 
weakenes. 


142  NEW  HAVEN   COLONY   RECORDS.  [1644 

Mr.  Gregson  and  Mr.  Wakema  propounded,  thatt  the  land 
towards  Mr.  Goodyears  farme  and  the  plaine  by  the  pine  rock 
may  be  veiwed,  to  see  if  it  will  accomodate  their  quarters  for 
their  2^  divisio  and  sute  the  townes  occasions  allso. 

Mr.  Gregson  desired  thatt  he  might  have  his  2''  divisio  by 
the  Sollitary  Cove,*  and  Mr.  Hawkins  by  the  sea  towards 
Milforde. 

Captaine  Turner,  Mr.  Malbon,  Rob*  Ceely  and  Francis 
Newman  were  desired  to  veiw  the  said  lands  in  question. 

Itt  was  ordered  thatt  whatsoever  pigs  under  3  quarters  of  a 
yeare  olde  shall  be  found  in  the  corne  unyoaked,  no  fence 
being  downe,  the  owners  of  them  shall  pay  6^  apeece.  This 
order  to  be  in  force  no  longer  then  till  Indian  harvest  be  inned. 

Itt  was  ordered,  thatt  Rich :  Miles,  Wili  Davis  and  Nicholas 
Elsey,  shall  see  thatt  all  the  measures  in  the  towne  he  made 
according  to  the  stander  sent  from  the  Bay.f 


A  Court  the  S'^  op  July,  1644. 

Wili  Andrews  was  warned  to  the  Court  about  some  defects 
in  the  meeting  house,  butt  the  prosecutio  of  itt  respited. 

Joli :  Hall  demand  3'  due  to  him  from  Roger  Knap  in  the 
right  of  his  wife  w<^h  he  did  acknowledge,  whereupon  it  was 
ordered,  thatt  he  should  paye  the  said  3',  only  abateing  14^ 
w«=h  he  hath  done  in  worke  for  John  Woollen,  brother  to  the 
said  John  Halls  wife. 

Edward  Banister  demaunded  4^  of  Goodma  Bishop  on  the 
behalfe  of  Joh :  Burrows,  whereupon  it  was  ordered,  that  the 
said  Goodma  Bishop  shall  putt  in  security  to  pay  the  mony 
into  the  Court  the  next  Court,  excep  he  can  show  cause  to 
the  contrary. 

*  Mr.  Gregson  was  the  first  white  settler  of  East  Haven.    Dodd,  E.  H.  Mem.  11. 

t  "  It  is  thought  fit  and  ordered  that  there  be  one  and  the  same  measure  throughout 
all  the  plantations  within  these  vnited  Colonies,  which  is  agreed  to  be  Winchester 
measure,  viz :  eight  gallons  to  the  bushell."    Rec.  U.  Coll.  Sept.,  1643.     Hazard,  ii.  10. 


1644]  new  haven  colony  records,  143 

[91]     Att  a  Gen""!'  Court  held  the  5'''  of  August,  1644. 

Forasmuch  as  there  are  certaine  percells  of  meadow  ad- 
joyning  to  the  skirts  of  y*^  upland  in  severall  parts  of  the  neck, 
w^li  belongs  to  sundry  planters  in  the  towne  and  thatt  meadow 
cannott  be  improved  to  the  best  advantage  of  the  owners  w^li- 
out  being  inclosed,  the  neck  being  now  layd  for  a  pasture  of 
cattell,  itt  was  therefore  ordered,  thatt  in  the  towns  behalfe 
the  treasurer  shall  pay  for  one  halfe  of  the  fence  thatt  is  or 
shall  bo  made  betwixt  the  said  meadowes  and  the  upland,  w^h 
fences  being  once  made,  they  who  owe  the  meadowes  are  to 
maintaine  them  ever  after  at  their  owne  proper  charge.  And 
in  case  any  pticular  quarter  or  pson  shall  desire  to  fence 
their  land  in  pp,  before  they  begin  they  shall  pay  to  the  treas- 
urer their  proportio  of  the  aforesaid  gen^ii  charge,  as  itt  shall 
be  then  judged  worth. 

Mr.  Malbon,  Mr.  Lamberton,  and  Mr.  Evance,  having 
seriously  considered  the  great  damage  W^h  this  towne  doth 
suffer  many  wayes,  by  reason  of  the  flatts  w«=h  hinders  vessells 
and  boates  from  coming  neare  the  towne  when  the  tyde  is 
anything  low,  did  propound  to  the  Court  thatt  if  they  will 
grant  them  4  dayes  worke  for  every  man  in  the  towne  fro  16 
to  60  yeares  olde,  towards  the  digging  of  a  channell,  and  lett 
tliem  have  the  benifitt  of  a  wharfe  and  warehouse,  (w^h  they 
will  build)  upon  such  tearmes  as  shall  be  agreed  betwixt 
themselves  and  a  comittee,  (whom  they  desired  the  Court 
then  to  chuse  to  treat  w'li  the  about  itt,)  they  will  digg  a 
channell  w^h  shall  bring  boates,  (att  least)  to  the  end  of  the 
streete  besides  Will  Prestons  house,  att  any  time  of  the  tyde, 
except  they  meete  wUi  some  invincible  difficulty  w^h  may 
hinder  their  digging  the  channell  so  deepe — Whereupon  itt 
was  ordered,  thatt  they  shall  have  the  help  propounded  by 
them,  (viz :)  4  dayes  worke  of  every  male  in  the  towne  from 
16  yeares  old  to  60,  those  thatt  cannott  worke,  to  liyre  others 
to  worke  in  their  stead,  and^hose  thatt  can,  to  worke  in  their 
owne  persons.  And  thatt  Mr.  Rob^  Newman,  Mathew  Gil- 
bert, John  Wakman,  AVill  Gibbard,  Jasp  Craine,  Wiii  An- 
drewes,  Anthony  Tompson,  and  Rob'^  Ceely  as  a  comittee,  w*h 


144  NEW  HAVEN  COLONY  RECORDS.  [1644 

the  advice  of  the  goveriio'"  and  magistrates  to  treate  w'h  the 
said  vndertakers,  and  agree  upon  such  tearmes  as  may  be 
equall  and  for  the  publique  good,  setting  downe  in  writing 
whatt  is  done  and  expected  on  either  pt. 

Will  Peck  having  butt  halfe  of  a  small  lott  to  his  houslott, 
whereby  he  is  much  straitened,  desired  20  rod  of  ground 
over  agst  his  house  by  the  creeke,  Wh.  was  granted  w^h  this 
proviso,  thatt,  if  the  towne  see  cause  to  take  itt  fro  him  for 
any  publique  vse,  he  shall  relinquish  itt,  they  paying  him 
such  charges  as  sliall  be  judged  just. 

Mr.  Gregson  desired  thatt  he  might  have  his  2^  divisio  by 
the  place  called  the  solitary  cove,  w^h  was  granted  him. 

Itt  was  ordered  thatt  all  the  measures  in  the  towne  shall  be 
fitted  according  to  the  new  measure  w^h  is  brought  from  the 
Bay  and  appoynted  to  be  the  standard  for  all  the  collonyes, 
and  marked  w^h  a  new  marke  NH ,  and  those  who  are  to  doe 
itt  are  to  have  4*^  for  every  bushell  w^h  they  so  fitt  and  marke, 
2^  a  peece  for  every  halfe  bushell,  peck  and  halfe  peck,  and 
2^  allso  for  every  bushell  w^li  the  onely  marke  and  doe 
nott  cutt.  The  day  appoynted  for  the  said  service  is  the  19"i 
day  of  this  moneth,  att  w^h  day  every  one  thatt  have  meas- 
ures to  fitt  are  desired  to  bring  them  to  the  meeting  house. 

Those  who  were  desired  to  veiw  the  Beauer  meadowes 
made  retourn  thatt  they  conceive  itt  will  not  be  convenient 
for  the  towne  to  part  wUi  itt. 


[92]  Att  a  Court  held  the  7^^  of  August, 

1644. 

Whereas  complaynt  was  made  l)y  Thomas  Nash  of  damage 
done  in  his  corne  to  y^  value  of  9  bushells  by  hoggs  in  their 
quarter,  itt  was  ordered,  that  the  comittee  form>"ly  appoynted, 
(viz:)  Thomas  Kimberly,  John  Chapma,  Thomas  Mounson 
and  John  Tompso,  naylo"",  shalF  veiw  the  fences  of  the  said 
quarter,  and  so  farr  as  damage  hath  come  by  defective  fences, 
they  are  to  lay  the  charge  of  the  said  9  bushells  upon  the 


1644]  NEW   HAVEN    COLONY   RECOEDS.  145 

severall  fences  they  fiiide  defective,  and  if  all  cannott  meete 
about  the  said  veiw,  then  3  of  them  may  determine  itt. 

Theophilus  Higginson  desired  the  Court  to  forbeare  him 
till  the  next  springe,  aleadging  tliatt  he  is  nott  able  to  pay  his 
fines  till  then,  whereupon  the  Court  granted  his  desire. 

Itt  was  ordered  thatt  all  the  fines  shall  be  demaunded  forth- 
w'h,  and  if  any  refuse  to  pay,  the  marshall  is  to  warne  them 
to  the  Court. 

Richard  Newma,  being  warned  to  the  Court  for  neglect  of 
his  watch,  he  nott  appearing,  itt  was  ordered,  thatt  if  he  come 
nott  before  the  Court  rise,  he  shall  pay  1^  fine  for  not  appear- 
ing, and  Is  to  him  thatt  watched  in  his  steade. 

Richard  Perry  having  beene  formerly  fined  40^  for  neglect 
of  his  watch,  att  his  humble  request  for  rome  moderatio,  the 
Court  ordered  thatt  he  should  pay  onely  15^ 

Will  Andrewes,  haveing  undertaken  to  build  and  finish  the 
meeting  house,  did  lett  out  some  part  of  the  worke  to  Thomas 
Mounson,  and  Jervas  Boykin,  who  putt  itt  off  to  Thomas 
Saule  and  Will  Gibbons,  w^h  the  said  Will  Andrewes  consent 
and  approbatio,  provided  they  did  itt  well,  butt  in  the  issue 
itt  was  defectively  done  by  the  said  Thomas  Saule  and  Will 
Gibbons,  and  Thomas  Mounson  and  Jarvas  Boykin  conceive 
they  arc  discharged  of  their  bargaine,  butt  Will  Andrewes 
alleadged  thatt  he  never  discharged  them  of  their  covenant 
whereby  they  were  bound  to  doe  itt  well  and  substantially,  butt 
w^h  condico,  thatt  they  should  see  the  said  Thomas  Saule 
and  Will  Gibbons  pforme  their  bargaine  w^h  was  to  make  the 
roofe  of  the  tower  and  turrett  tliite  to  keep  out  wett,  butt  be- 
cause there  was  a  defect  of  testimony  on  all  sides,  the  Court 
advised  them  to  consult  togetlier  and  doe  itt  amongst  them  so 
as  the  meeting  house  may  be  kept  dry  w4iout  delay. 


19 


146  NEW  HAVEN  COLONY  RECORDS.         [1644 

Att  a  Gen""!!  Court  held  the  19t'»  of  August 
1644. 

Captaine  Turner  and  Mr.  Malbon  were  chosen  Deputyes 
for  the  Gen""^'  Court  to  be  held  for  this  jurisdictio  about  the 
tryall  of  an  Indian,  (called  Busheage,)  who  is  to  be  arrayned 
for  murder.* 

Itt  was  ordered,  thatt  whosoever  doth  pass  through  a  como 
gate  or  a  gate  into  a  como  field  and  leavs  itt  nott  well  shutt, 
shall  pay  5^  fine  and  beare  all  damage  W^h  shall  como  by  such 
their  neglect.  If  children  or  servants  shall  doe  itt,  their 
parents  or  governo"  shall  pay  itt  for  them,  butt  the  servants 
to  beare  itt  out  of  their  wages. 

Itt  was  ordered,  thatt  they  of  the  watch  who  walk  the  last 
round  shall  call  up  the  drum''  an  hower  before  day  every 
morning  to  beate  the  drum. 

Itt  was  desired,  thatt  seeing  Mr.  Malbon  is  to  be  fro  home, 
thatt  the  other  3,  (viz :)  Captaine  Turner,  Leivtenant  Seely 
and  Antient  Newma  would  perfect  the  veiw  intrusted  w^h 
them  the  1^  of  July  last. 

The  marshall  is  to  cry  all  lost  things  w^li  are  brought  to 
him  to  keep,  on  the  lecture  dayes  and  faire  dayes,  and  to  have 
1^1  for  evy  cry,  of  the  partys  who  shall  challeng  the  things 
cryed. 

Itt  was  ordered,  thatt  the  next  5^^  (Jay  shall  be  a  gen""!! 
traylng,  and  the  next  geiv^^  trayning  to  hold  notw^hstanding. 

*  For  the  murder  of  the  woman  at  Stamford,  ante  p.  135.  He  was  arrested  and 
delivered  to  the  English  by  Wuchebrough  a  Potatuck  Indian.  The  record  of  the 
trial  is  lost,  but  Winthrop  informs  us  that  "  the  magistrates  of  New  Haven,  taking 
advice  of  the  elders  in  those  parts,  and  some  here,  did  put  him  to  death.  The  execu- 
tioner would  strike  off  his  head  with  a  falchion,  but  he  had  eight  blows  at  it  before 
he  could  effect  it,  and  the  Indian  sat  iipright  and  stirred  not  all  the  time."  Sav. 
Winth,  ii.  189.    Rec.  U.  C.  Sept.  1646. 


1644]  new  haven  colony  eecoeds.  147 

[93]     Att  a  Court  held  att  Newhaven  the  2"^  of  October 

1644. 

Roger  K)iap  was  discharged  of  his  fine  w°h  was  sett  upon 
his  head  for  want  of  armes,  because  the  Court  was  informed 
thatt  his  armes  was  burnt  in  Delaware  Bay,  and  after  he  came 
hither  he  was  afflicted  w^i  sicknes  and  so  poore  thatt  he  was 
nott  able  to  buy  armes  in  due  time,  butt  now  he  is  furnished 
w^h  armes. 

Mrs.  Stolyon  demaund  a  debt  of  3'-8-6  of  Goodman  Chapma, 
butt  Rob'  Seely  testified  thatt  Mrs.  Stolyo  had  given  him  a 
note  of  thatt  debt  among  others,  to  be  payd  into  the  ship  on 
her  behalfe,  and  accordingly  he  accepted  itt,  and  thatt  the  said 
John  Chapma  from  thatt  time  became  debtto''  to  the  shipp, 
butt  Mrs.  Stolyo  affirmed  yt  afterward  she  having  payd  all  her 
part  into  the  ship,  and  John  Chapmans  debt  being  yett  uiipayd, 
she  desired  Mr.  Attwater,  (who  was  then  to  receive  the  ships 
pay,)  to  lett  John  Chapma  know  thatt  now  she  expected  the 
3'-8-6,  should  be  payd  into  her  owne  hands,  and  to  strike  out 
his  name  out  of  the  aforesaid  note,  w^h  Mr.  Atwater  affirmed 
upon  oath  he  had  done,  and  thatt  John  Chapma  said  to  him 
then  that  he  cared  nott,  for  he  had  as  leave  pay  itt  to  Mrs. 
Stolyon  herselfe,  whereupon  itt  was  ordered,  thatt  John  Chap- 
ma shall  pay  the  31-8-6  to  Mrs.  Stolyo. 


Att  a  GrEN''!'  Court  held  the  21^''  of  October 
1644. 

Thomas  Lupton,  Will  Russells  and  Henry  Glover  were  ad- 
mitted members  of  the  Court. 

Itt  was  ordered  thatt  the  Secretary  shall  write  to  all  the 
plantations  in  this  jurisdictio  to  lett  them  know  thatt  att  the 
Court  of  Elections  consideratio  will  be  had  of  chuseing  the 
comission''s  for  the  collonyes  att  the  said  Court  by  the  vote  of 
all  the  freemen,  thatt  accordingly  their  deputy es  may  come 
prepared. 

Mr.  Malbon  and  Captaine  Turner  were  chosen  Deputyes  for 
the  Gen""!!  Court  next  ensuing. 


148  NEW   HAVEN    COLONY   RECORDS.  [1644 

Mr.  Malbon,  Mr.  Lamberton,  Mr.  Evance  and  Mr.  Wakema 
were  chosen  Depiityes  for  the  next  ensuing  halfe  yearc. 
Mr.  Malbon  was  chosen  Treasurer  for  this  ensuing  yeare. 
Tho:  Fugill  was  chosen  Secretary  for  this  ensuing  yeare. 
Tho :  Kimberly  was  chosen  Marshall  for  this  ensuing  yeare. 
After  some  serious  debate  about  the  turning  of  the  Mill 
River,  Mr.    Goodyeare.  Mr.  Turner,  Mr.   Malbon   and   Mr. 
Wakema  were  chosen  comittees  and  desired  by  the  Co^t  to 
take  unto  them  such  workmen  as  have  skill  and  veiw  the  said 
River,  exactly  to  see  whatt  advantages  or  disadvantages  they 
can  discerne  wh  may  either   incourage  or   discourage   the 
worke,  and  allso  to  veiw  the  bridge  ouer  the  Mill  River  and 
report  to  the  Court  whatt  they  discerne  or  conceive  is  most 
meet  to  be  done  concerning  the  p'mises. 

The  Treasurer  desired,  thatt  every  one  to  whom  the  towne 
is  indebted  would  bring  in  their  accounts,  and  thatt  all  those 
thatt  have  alienated  any  land  would  enter  itt,  thatt  the  treas- 
urers booke  may  be  perfected. 

Goodma  Smyth  of  Stratforde  desired  thatt  he  may  have  30 
or  40  acres  of  upland  and  10  acres  of  meadow  granted  him  for 
the  comfortable  keeping  of  sheepe  about  the  Oyster  River, 
whereupon  itt  was  ordered  that  those  who  are  intrusted  in  the 
townes  occasions  for  disposeing  of  lotts,  shall  consider  of  the 
said  ppositio,  and  order  itt  as  they  see  cause. 

Richard  Miles,  Jasper  Craine,  Anthony  Tompson  and  Fran- 
cis Newman  were  chosen  to  be  constant  survayers,  (untill 
others  be  chosen  instead  of  them,)  of  all  the  comon  high  wayes 
aboute  the  towne  and  the  bridges  allso,  and  if  need  be,  to  press 
men  &  carts  for  the  repair  of  all  such  defects  as  they  shall  finde 
from  time  to  time,  and  the  charge  to  be  liorne  by  the  towne. 
[94]  II  Whereas  divers  trespasses  have  beenc  comitted  by 
those  of  the  suburbs  in  Mr.  Lambertons  quarter,  by  the  driving 
of  hoggs  to  the  Oyster  poynt  and  haunting  them  there.  Mr. 
Lamberton  desired  to  know  the  jud^-m*  of  the  Court,  whether 
itt  be  meete  for  them  to  haunt  their  hoggs  there,  seeing  for 
want  of  foode  they  will  unavoydably  trespass,  whereupon  a 
comittee  was  chosen  to  veiw  the  matter  in  questio,  and  to  re- 
port to  the  Court  how  they  finde  itt.     Mr.  Malbon  and  Mr. 


[16-44  NEW  HAVEN  COLONY  KECORDS.  149 

Gilbert  for  the  suburbs,  and  Mr.  Gibbard  and  Richard  Miles 
for  Mr.  Lambertons  quarter. 

[A  General  Court  for  the  jurisdiction  -was  held  Oct.  30,  1044,  as  a]ipears  from  the 
date  of  the  appoiutnient  of  Commissioners,  and  probably  at  the  same  time  the  juris- 
diction resolved  upon  taking mcasui-es  to  procure  a  patent  from  the  Parliament.] 

Att  a  Court  held  the  6'  of  Novemb. 
1(344. 

Henry  Humerston,  for  creeping  into  Captaine  Turn's  house 
att  a  window  in  a  felonious  manner  in  the  time  of  the  publique 
meeting  on  the  Lords  day,  was  sentenced  to  be  whipped. 

Mathew  Camfield,  for  neglect  of  his  watch,  was  fined  lO'*. 

Thomas  Nash  desired  satisfactio  for  12  bushells  of  corne 
damage  done  in  his  corne,  by  reason  of  defective  fences  ptly, 
and  partly  the  nott  setting  up  of  the  fence  in  due  time  accord- 
ing to  agreem* ;  Avhereupon  itt  was  ordered  thatt  the  quarter 
shall  beare  the  damage  of  ^  bushells,  because  the  fence 
belonging  to  the  towne  was  nott  sett  up  in  time,  and  the 
other  ^  bushells  to  l)e  borne  l»y  those  perticular  fences  w' h 
upon  veiw  was  found  defective. 


Att  a  Gen'Ii  Court  held  the  11^'  of 
Novemb:  1644. 

The  propositio  for  the  releife  of  poore  schollars  att  the  col- 
ledge  att  Cambridg  was  fully  approved  off,  and  thereupon  itt 
was  ordered,  thatt  Josuah  Attwater  and  William  Davis  shall 
receive  of  every  one  in  this  plantatio  whose  hart  is  willing  to 
contribute  thereunto,  a  peck  of  wheat  or  the  valine  of  itt 

Whei'eas  the  Gen^'i  Court  for  this  jurisdictio  did  see  cause 
to  putt  forth  their  best  cndeuo''s  to  procure  a  Pattent  fro  the 
Parliament,  as  judging  itt  a  fitt  season  now  for  thatt  end, 
and  therefore  desired  Mr.  Gregson  to  undertake  the  voyage 
and  busines  and  agreed  to  furnish  him  w^h  2001  in  this  juris- 
dictio, of  wh,  in  proportio  to  the  other  plantations,  Newhaven 
is  to  pay  110^  in  good  marchantable  beaver,  itt  was  thereupon 
ordered,  thatt  the  said  110^  shalbe  procured  at  the  charge  of 


150  NEW   HAVEN   COLONY  RECORDS.  [1644 

the  towns  treasury,  vpon  such  tearmes  as  itt  may,  and  the 
towne  to  stand  to  the  tearmes  and  beare  the  damage  thatt 
may  come  thereby. 

The  comittee  thatt  were  appoynted  to  veiw  the  land  for  Mr. 
Gregsons  and  Mr.  Wakemans  quarters,  reported,  thatt  they 
found  much  land  wh  they  conceive  is  good,  butt  what  quan- 
tity they  cannot  judge,  and  therefore  desired  thatt  a  comittee 
may  be  now  appoynted  to  veiw  and  survay  the  land  j^  yett  is 
unlayd  out,  to  see  if  it  be  such  land  for  quallity  as  hath  beene 
layd  out  to  other  quarters  for  their  2^^  divisio,  and  allso  w* 
quantity  there  is  of  it.  Mr.  Malbon,  Mr.  Francis  Newma, 
Anthony  Tompson  and  Leivtenant  Seely  were  appoynted  for 
the  said  veiw. 

Vpon  complaint  made  by  some  of  the  planters  of  Totokett, 
thatt  the  Mohegin  Indians  have  done  much  damage  to  them 
by  setting  their  traps  in  the  walke  of  their  cattell,  itt  was 
ordered,  that  the  marshall  shall  goe  w4i  Thomas  Whitway  to 
warne  Vncus  or  his  brother  or  else  Foxen  to  come  and  speake 
w^h  the  Governo'"  and  the  magistrates. 

[95]  II  Itt  was  propounded  thatt,  (because  many  men  thatt 
come  and  appeare  att  the  Genri^  Courts  when  their  names  are 
called  over,  goe  away  before  the  Court  rise,)  the  order  for  ap- 
pearance att  Genrii  Courts  under  a  penalty  be  read  att  the 
next  Gen""!!  Court,  thatt  itt  may  be  altered  if  there  be  cause. 

Itt  was  propound  thatt  att  the  next  Gen''^^  Court,  survayers 
may  be  chosen  for  every  quarter  to  veiw  the  fences  belong  to 
their  severall  quarters,  and  where  they  finde  any  defective,  to 
acquaint  the  owners,  and  if  the  defect  be  nott  mended  by  a  day 
appoynted,  the  survayers  to  gett  itt  done  and  the  owners  to 
beare  the  charge  w^h  some  fine. 

Itt  was  allso  propounded  thatt  a  comittee  may  be  appoynted 
to  veiw  all  the  orders  thatt  are  of  a  lasting  nature,  thatt  such 
as  are  defective  may  be  mended  and  presented  to  the  Court  to 
be  confirmed. 


1644]  NEW   HAVEN   COLONY   RECORDS.  151 

A  Court  held  att  Newhaven  the  4^^ 
OF  December,  1644. 

John  Gibs  and  William  Gibbard  were  fined  each  of  them 
10^  for  neglecting  their  watch,  they  being  ma^'s  of  the  watch. 


A  Court  held  att  Newhaven  the  2<i  of 
January,  1644. 

Whereas  some  goods  belonging  to  Mr,  Pike  of  Yncaway,  in 
the  hands  of  Tho :  Robinson  of  this  towne  have  beene  attatched 
by  warrant  from  Mr.  Gregson  att  the  snte  of  John  Livermore 
of  this  towne  allso,  who  desired  the  judgm^  of  the  Court, 
whereupon  itt  was  ordered,  thatt  Thomas  Robinson  shall  keep 
somuch  of  the  said  goods  in  his  hands  as  will  satisfie  the  just 
demaunds  of  the  said  John  Livermore. 

John  Dillingham  and  Thomas  North,  for  totall  absence  att 
traying,  fined  each  man  2^  6'^. 

Whereas  there  was  a  difference  betweene  Mr.  Evance  and 
John  Tompson,  nayler,  about  the  price  of  2  heifers  w^h  the  said 
John  Tompson  bought  of  Mr.  Evans,  itt  was  agreed  betweene 
them  in  the  Courtt,  thatt  Mr.  Evans  should  have  his  heifers 
againe. 

Forasmuch  as  itt  appeared  to  the  Court,  thatt  Mr.  Leach 
hath  brought  some  bricks  from  the  Ijrickills  in  the  plains  w^h 
did  belong  to  Mr.  Gregson,  itt  was  ordered  thatt  Mr.  Leach 
shall  pay  Mr.  Gregson  for  them. 

Mr.  Evance  desired  the  judgm^  of  the  Court  concerning  a 
debt  of  61  15%  w<=h  he  demaund  of  Edward  Chipperfield  who 
had  put  him  of  w^h.  excuses,  and  did  alledge  it  should  have 
beene  payd  out  of  a  kill  of  bricks nvch  was  to  be  devided  be- 
twixt Steven  Medcalfe,  John  Medcalfe  and  himselfe,  butt  upon 
examinatio,  itt  appeared  thatt  there  were  not  so  many  bricks 
due  to  him  of  the  said  kill  full  as  would  satisfie  Mr.  Evance 
his  debt. 

Will  Andrewes  allso  desired  a  debt  of  5^  due  to  Will  Hard- 
ing fro  the  said  Chipperfield,  who  having  nothing  wherew^h  to 


152  NEW   HAVEN   COLONY   RECORDS.  [1644 

pay  either  the  one  or  the  other,  said  he  would  referr  himselfe 
to  the  Court. 

Tho  Blacksley,  because  of  his  poverty,  had  part  of  his  fine 
remitted,  (viz)  6«  8'^. 

Nathan  Burchell  his  fines  for  defects  remitted  hitherto,  pro- 
vided thatt  he  gett  amies  and  attend  traylngs  duely  for  time 
to  come. 

All  yt  have  beene  fined  for  not  bringing  their  armes  to  the 
publique  worP^  remitted  hitherto. 

Bro:  Abbott  demaunded  satisfactio  of  Mr.  Lamberton  for 
damage  done  by  his  hogs  in  the  Oyster  shell  field,  butt  re- 
spited. 

Rob*  Parsons  desired  his  fine  might  be  remitted,  but  the 
Court  sec  no  cause  why. 


[96]  Att  a  Court  held  att  Newhaven  the 

5ti.  OF  Feb:  1644. 

Whereas  certaine  goods  belonging  to  Mr.  Lewis  of  London 
have  beene  attatched  in  the  hands  of  William  Andrewcs  att 
the  sute  of  Thomas  Stevenson  of  Yenicott,  Mr.  Priden  as  his 
attournay  required  judgm^  upon  the  said  goods.  The  Court 
understanding  that  the  said  Stevenson  soldo  and  delivered  to 
Mr.  Lewis  aforesaid  a  boat  att  Virgenia  valued  att  8^.  Thatt 
the  said  Lewis  did  promiss  in  lew  thereof  thatt  the  said  Steven- 
son should  have  a  mare  of  his  w^^h  was  then  in  the  hands  of 
Mr.  Russells  of  Charlestowne  in  the  Massacusetts,  butt  when 
the  said  mare  was  demaunded,  the  said  Mr.  Russells  said  he 
had  sould  her  for  fower  pounds,  whereupon  itt  was  ordered, 
thatt  the  said  Will  Andrewes  shall  pay  unto  the  said  Mr. 
Priden  the  sti  of  4'  w^h  wae  the  price  of  the  mare  when  shee 
was  soldo,  and  the  remainder  of  the  said  goods  in  the  hands  of 
Witt  Andrewes  belonging  to  Mr.  Lewis  shall  rest  there  as 
attatched  till  the  Court  dispose  otherwise  of  or  concerning 
them. 

William  Tompson  demaunded  satisfactio  of  Mr.  Gregson  for 
damage  done  in  his  corne  by  his  lioggs,  itt  being  evidenced  in 
the  Court  thatt  the  fences  of  Goodman  Banister,  Edward  Patte- 


1644]  NEW    HAVEN   COLONY   RECORDS.  153 

son  and  John  Charles  were  defective  att  the  same  time  wlien  his 
hogs  did  the  damage,  itt  was  ordered,  tliatt  they  should  beare 
the  damage  according  to  their  different  just  pportio^,  (viz) 
Edward  Banister  3  bushells,  and  the  other  2  each  of  them  one 
bushell  and  a  halfe. 

Thomas  Mouleno""  sen^,  and  Thomas  Mouleno""  his  son,  being 
charged  w^h  sundry  miscarryages  and  breach  of  peace  but 
nott  issued,  itt  was  referred  to  another  Court  and  in  the  meane 
time  itt  was  ordered,  thatt  they  shall  both  enter  into  into  a 
recognisance  of  each  man  100^  to  keep  the  publiqne  peace  and 
be  of  the  good  liehavio""  towards  all  people  and  especially  to- 
wards the  inhabitants  of  Totokett. 

Arthur  Halbidge,  having  beene  formerly  charged  by  Mr. 
Browning  for  stealing  fro  him  a  bushell  of  corne  to  the  valine 
of  4%  and  a  shirt  or  frock  to  the  value  of  1%  w^h  he  att  first 
denyed  w^h  cursing  himselfe  butt  now  confessed  the  fact,  and 
was  sentenced  to  be  whipped  and  to  make  two  fould  restitutio 
to  Mr.  Browning,  and  to  beare  all  the  charges  w^h  have  beene 
caused  by  him. 

Richard  Lambert,  having  beene  form''ly  convicted  and  sen- 
sured  for  sundry  miscarriages  in  was  of  unrightousnes,  now 
made  an  acknowledgm*^  of  his  guilt  in  the  court,  thinking 
thereby  to  give  satisfactio,  who  showed  themselves  willing  to 
take  satisfactio,  butt  yett  advised  him  to  be  carefull  to  make 
his  peace  w'h  God,  and  seeke  to  gett  that  bitter  roote,  (whence 
such  evill  frutes  did  spring,)  that  a  reformatio  of  those  evills 
may  appeare  in  his  conversatio. 


A  Court  held  the  6tii  op  March 
1644. 

Mathew  Crowders  fine  remitted  upon  Mr.  Brownings  testi- 
mony thatt  his  was  sick  att  thatt  training  fro  w<^h  he  was 
absent. 

John  Walkers  fine  was  was  remitted  bee :  he  was  lame. 

Rob'  Parsons  fine  respited  till  May  or  June. 

20 


154  new  haven  colony  recoeds.  [1644 

[97]       Att  a  Gen^ii  Court  held  att  Newhaven  the 
24  of  Feb.  1644. 

Jer.  Whitiiell,  Thomas  James,  Robf  Martin,  Joliii  Gregory 
and  John  Meggs  were  admitted  members  of  the  Court. 

Itt  was  ordered  thatt  if  any  members  of  the  Court  shall  de- 
part from  the  Gen'^i  Courts  w^iout  licence  after  their  names 
be  called,  they  shall  pay  each  man  1^  6''  fine,  and  if  any  planter 
shall  depart  w'hout  licence  while  the  Court  sitts,  he  shall  pay 
one  shilling  fine. 

Whereas  the  plantatio  hath  l^eene  much  exercised  w'h  hoggs 
distroying  of  corne,  the  Court  tooke  itt  into  serious  considera- 
tio  how  they  might  prevent  the  like  damage  for  time  to  come, 
and  after  much  debate  itt  was  ordered,  thatt  a  comitte  shall 
be  chosen  in  every  quarter  to  veiw  the  comon  fences  and 
fences  belonging  to  every  quarter,  some  one  day  in  the  first 
weeke  in  every  moneth,  from  the  first  of  March  next  unto  y*^ 
day  12  moneths,  and  observe  diligently  whose  fences  are  de- 
fective and  acquant  the  owners  therew'h,  calling  upon  them  to 
gett  them  mended,  and  to  lett  them  know  thatt  they  are  to 
make  good  all  the  damage  w^h  shall  be  done  w'hin  thatt  fence 
till  theirs  be  mended  if  none  other  be  found  defective  besides ; 
and  they  whose  fences  are  defective  shall  pay  the  said  veiwers 
for  their  expence  of  time  about  the  said  veiw,  butt  if  no  fences 
be  defective,  then  the  whole  quarter  shall  pay  tliem.  And 
the  said  veiwers  are  to  acquaint  every  famyly  in  their  said 
S3verall  quarters,  or  every  pson  that  hath  any  part  in  the  fences 
w^h  they  are  to  veiw,  wluxt  day  they  intend  tlieir  first  veiw 
that  every  said  owner  may  go  or  send  one  wUi  them  to  marke 
their  owne  fences  att  both  ends,  that  the  veiwers  may  after- 
wards exactly  know  w^li  is  every  mans  fence,  and  if  any  man 
upon  notice  so  given  shall  neglect  to  goe  or  send  as  .aforesaid, 
he  shall  pay  2^  fine.  And  if  the  veiwers  shall  neglect  to  veiw 
att  the  times  appoynted,  or  shall  neglect  to  observe  exactly  the 
defects,  or  shall  neglect  to  give  due  notice  as  aforesaid,  each 
ma  sliall  pay  5^  fine  for  every  default  as  aforesaid.  Moreover 
if  any  fences  belonging  to  the  towne,  (and  once  accepted  as 
good  by  the  treasurer,)  be  found  defective,  the  veiwers  shall 
gett  them  mended,  and  if  they  cannott  otherwise  gett  workmen 


1644]  NEW    HAVEN   COLONY   RECORDS.  155 

they  shall  have  power  to  press  men  to  mend  them,  and  the 
treasurer  shall  pay  them. 

Itt  was  allso  ordered,  thatt  if  any  mans  corne  be  damaged 
by  cattell  or  hoggs,  he  may  pound  them  if  he  finde  the  beasts 
yt  have  done  the  damage  and  cannott  finde  where  they  gott  in 
or  at  whose  fence,  he  may  goe  to  the  veiwers  appoynted  for 
thatt  quarter  where  the  damage  was  done,  and  gett  them  to 
veiw  the  fences,  and  he  or  they  whose  fences  they  finde  defect- 
ive shall  beare  the  damage  and  pay  the  veiwers  for  their  ex- 
pence  of  time  if  they  be  called  to  veiw  extraordinary ly. 

'  Jasper  Craine  and  William  Touttlc  for  Mr.  Davenports 
quarter,  John  Caffins  and  Jarvas  Boykin  for  Mr.  Newmans 
quarter  and  Mr.  Brownings,  Rob'  Johnson  and  Thomas  Powell 
for  the  Yorkshire  quarter.  Will  Fowler  and  Henry  Glover  for 
Mr.  Wakems  quarter.  Rich:  Miles  and  Willia  Davis  for  Mr. 
Gregsons  quarter.  Rich:  Hull  and  Nicholas  Elsey  for  Mr. 
Lambertons  quarter,  Will  Ives  and  Edward  Banister  for  the 
suburbs,  Thomas  Mounson  and  Rob*^  Rigge  for  the  Oystershell 
field.  Rich :  Mansfield  and  David  Atwater  for  the  farmes,  and 
Francis  Browne  and  John  Vincent  for  the  plaines. 

The  Court  desired  the  magistrates  together  w'h  the  depu- 
ties to  veiw  all  those  orders  w'-h  are  of  a  lasting  nature,  and 
where  they  are  defective,  to  mend  them  and  then  lett  them 
be  read  in  the  Court  thatt  the  Court  may  confirme  or  alter 
them  as  they  see  cause. 

Whereas  much  disorder  hath  bcene  done  by  some  in  cutting 
downe  trees  in  the  como  within  the  2  miles  contrary  to  order, 
the  Court  required  Anthony  Tompson  and  John  Clarke  to 
enquire  who  they  are  that  have  transgressed  thatt  order,  and 
to  take  notice  who  doe  hereafter  transgress  in  like  kinde  vntill 
some  other  be  chosen  in  their  stead. 

Itt  was  ordered,  thatt  all  men  shall  duely  pay  their  rates  to 
the  treasurer,  or  to  those  whome  he  shall  apj^oynt  to  receive 
them  w'hout  putting  him  of  to  others,  and  that  all  those  who 
have  alienated  land  shall  pay  the  rates  for  itt  themselves 
untill  it  be  entered  in  the  Court  booke  according  to  order. 

Itt  was  ordered,  thatt  all  those  of  the  squadrons  w<^h  in 
their  course  doe  bring  their  armes  on  the  Lords  dayes  to  the 


156  NEW    HAVEN    COLONY   RECORDS.  [1645 

meeting,  shall  bring  them  to  the  meeting  the  lecture  day  ime- 
diatly  before,  so  many  of  them  as  doe  come  to  the  lecture. 
[98]  II  The  Governo''  desired  thatt  all  meanes  might  be  vsed 
to  pfect  souldiers  in  the  military  art,  and  thatt  the  gen""!!  train- 
ings and  squadrons  w^h  an  artillary  allso  may  be  incouraged 
and  improved  to  thatt  end,  and  wished  thatt  all  those  thatt  are 
free  and  willing,  would  goe  to  the  leivtennant  and  sergeants 
and  enter  their  names  to  be  of  an  artillary,  who,  when  they 
are  approved,  shall  be  exempted  fro  the  squadron  traynings. 

Mr.  Pearc  desired  the  plantatio  to  take  notice,  thatt  if  any 
will  send  their  childr.  to  him,  he  will  instruckt  them  in  writ- 
ing or  arethmatick. 

Robt  Abbott  and  Will  Paine  desired  that  their  land  might 
be  layd  out  on  the  East  side,  in  such  a  forme  as  may  be  con- 
venient for  them  to  fence  itt  and  improve  itt.  Jasper  Craine 
and  Will  Touttle  were  desired  to  veiw  it  and  consider  how  itt 
may  be  layd  out  to  sute  the  townes  occasions  and  their  con- 
veniences. 

Jasper  Craine  was  freed  from  watching  and  trayning  in  his 
owne  person,  because  of  his  weaknes,  butt  to  finde  one  to 
watch  in  his  stead  whe  his  turne  comes. 

Goodma  Goldam  freed  from  watching  and  trayning  in  his 
owne  person  in  like  manner  in  regard  of  his  weaknes,  onely 
he  is  to  finde  a  man  to  watch  for  him  when  his  turne  comes  if 
his  estate  will  beare  itt. 


Att  a  Gen '11  Court  held  att  Newhaven 

THE   LAST   OF   MaRCH    1645. 

Wiii  Fowler,  Tho  :  Mitchell  and  Phillipp  Leake  were  ad- 
mitted members  of  the  Court. 

Mr.  Malbon  was  chosen  Treasurer. 

Mr.  Malbon,  Mr.  Evance,  Mr.  Gibbard  and  Mr.  Francis 
Newman  were  chosen  deputies  for  the  halfe  yeare  next  ensu- 
ing. 

Captaine  Turner  and  Mr.  Malbone  were  chosen  Deputies  for 
the  Jurisdictio  Court. 


1645]  NEW   HAVEN    COLONY   RECORDS.  157 

Elder  Newman  exempted  fro  attending  att  the  Gen""'^  Courts 
by  reason  of  his  many  occasions. 

Itt  was  ordered  thatt  Ja,sper  Craine  and  Rob'  Ceely  before 
the  next  second  day,  shall  veiw  all  the  cannows  belonging  to 
the  English  about  this  towne,  and  marke  y  w^h  the  townes 
marke  all  such  Wh  they  shall  approve  as  fitt  for  the  English 
to  vse,  and  thatt  no  person  or  persons  in  this  plantatio  or 
l)elonging  to  itt  shall  lend  or  vse  any  cannow  thatt  is  nott  so 
marked  by  the  psons  aforesaid,  under  the  penalty  of  20^  fine 
for  every  default. 

Itt  was  ordered  thatt  no  pson  or  psons  shall  kindle  a  fire  to 
burne  leaves,  straw,  cornestalks  or  any  kinde  of  rubbish  either 
in  gardens  or  houslotts  in  or  about  this  towne  vnder  the  pen- 
alty of  21  fine. 

Itt  was  ordered  thatt  no  man  shall  putt  any  cattell  into  the 
neck  fro  this  day  foreward  above  his  pportio,  under  the  pen- 
alty of  6'^  a  weeke  for  every  head,  according  to  the  intent  of 
a  form""  order  in  that  case  mad  1(3"'  of  Jan :  1642.  And  thatt 
before  any  man  putt  any  cattell  into  the  neck,  he  shall  give 
notice  to  the  governo''  whom  the  Court  desired  to  take  the 
paines  to  cast  up  whatt  every  mans  proportio  is,  when  he 
knows  in  whose  right  they  come. 

Elder  Newman  and  Captaine  Turni"  are  desired  to  see  the 
fence  belonging  to  the  neck  well  done  and  a  gate  towards  the 
farmes,  old  Bassett  and  his  son  were  desired  to  doe  itt. 

Itt  was  ordered  thatt  no  cattell  shall  be  putt  into  the  neck 
att  the  spring,  untill  the  first  of  May. 

Itt  was  ordered  thatt  the  drums  belonging  to  the  towne 
shall  be  putt  in  good  repaire  att  the  townes  charge,  and  Ste- 
ven Medcalfe  and  Rol)^  Bassett  shall  have  8^  betwixt  them,  for 
wh  they  shall  attend  all  the  townes  occasions  as  comoh 
drumrs  for  the  towne  till  this  time  12  moneths,  and  maintaine 
the  drums  att  their  owne  charge  in  good  plight,  and  leave 
them  so  att  the  end  of  the  tearme. 

Itt  was  ordered  thatt  the  treasurer  shall  pay  Steven  Med- 
calfe 20*  for  the  service  he  did  the  last  winter  extraordinary. 
[99]  II  These  following  officers  and  orders  of  the  Artillary 
company  were  pi'sented  to  the  court  and  confirmed  by  the 


158  NEW   HAVEN   COLONY   RECORDS.  [1645 

court,  leaving  the  sett  time  of  traylngs  to  the  company  them- 
selves to  order  as  they  shall  see  cause. 

Mr.  Malbon  Captaine,  Leivten*^  Ceely,  Leiveten^  Francis 
Newma,  Standard  bearer  Will  Andrews,  Tho :  Mounson, 
Tho :  Jeffrey  and  John  Nash  Sergeants. 

Orders  for  the  Artillary  Company  att 
Newhaven. 

1  Thatt  the  company  from  time  to  time  chuse  their  officers 
from  among  themselves,  as  captaine,  leivtennant,  ensigne,  ser- 
geants and  others  necessary  for  service,  and  thatt  upon  such 
choyce  they  yearly  pi'sent  them  to  the  Gen'"^'  Court  for  New- 
haven  for  approbatio  &  confirmation. 

Thatt  every  man  offering  himselfe  to  this  company  be  either 
free  and  att  his  owne  disposeing  for  such  a  service,  or  if  a  ser- 
vant and  ingaged  to  any  other,  thatt  he  bring  a  certifficate  or 
other  satisfying  testimony  of  his  ma''«  consent  thatt  his  way 
may  be  cleared  before  he  l)e  admitted  to  exercise. 

Thatt  every  member  of  this  company  att  his  first  entrance 
pay  the  sum  of  18<i  for  and  towards  the  raising  of  a  small 
stock  for  the  necessary  vses  of  the  company,  to  be  payd  in  to 
the  treasurer  or  clarke  appoynted  by  the  company  for  thatt 
purpose. 

Thatt  once  a  ^  upon  the  4'''  day  of  theweeke  after 
the  lecture  is  ended,  this  company  exercise  themselves  in  a  mil- 
litary  way  for  increase  of  their  skill  and  activity  against  times  of 
service.  And  for  this  exercise  the  first  drum  to  beate  att  the 
going  out  from  the  lecture,  and  the  second  drum  one  hower 
after,  and  thatt  att  every  such  exercise  every  one  of  the  com- 
pany be  present  upon  the  markett  place  and  answere  att  the 
call  of  his  name  and  bring  w^li  him  his  muskett  and  all  other 
armes  appoynted  for  the  said  exercise. 

Thatt  whosoever  of  them  cometli  late  or  nott  compleatly 
armed,  on  any  of  these  dayes  of  exercise,  shall  pay  6^  for  a 
fine,  and  for  totall  absence  12^^,  and  thatt  the  offendors  being 
first  demaunded,  duely  pay  these  fines  before  or  att  the  2'' 
exercise  next  after  the  forfeiture. 

Thatt  every  one  of  this  company  purposely  coming  to  any 


1645]  NEW    HAVEN    COLONY   RECOKDS.  159 

Gen""!'  or  perticular  Court,  or  to  the  ordinances  att  any  pub- 
liqiie  meeting,  whether  on  the  Lords  dayes,  lecture  dayes, 
dayes  of  solleme  fasting  or  thanksgiving,  shall  carry  and  weare 
his  sword  by  his  side,  under  the  penalty  of  6^1  for  every  such 
omission  and  default  if  he  give  not  a  sufficient  reason  to  the 
satisfactio  of  the  company. 

Thatt  if  any  member  of  this  body  fined  by  the  majo»'  pt  of 
this  company  for  any  default  before  mentioned  be  not  satisfied 
concerning  the  same,  he  may  offer  the  consideratio  of  his 
offence  and  fine  to  the  company,  to  the  next  perticular  court, 
(upon  due  notice  l)y  him  given  to  the  company,)  who  shall 
lieare  and  determine  betwixt  the  company  and  him  according 
to  their  light  in  referrence  to  the  forgoing  orders. 

Tliatt  tlie  stock  of  this  company  whether  arising  from 
entrance  mony,  fines,  mony  given,  or  any  other  wa}'',  shall 
from  time  to  time  l)e  disposed  off  by  the  consent  of  the  major 
part  of  the  company  att  some  meeting,,  and  nott  other  wise. 

Thatt  every  member  of  this  company,  (according  to  his 
place  and  estate,)  come  to  these  exercises  in  decent  apparrell, 
thatt  all  excess,  all  contentious,  provoking,  sinfull  carryage 
in  speech,  gestures  and  actions  be  avoyded,  butt  if  any  offend, 
upon  complante,  the  perticular  court  to  examine,  censure  and 
reforme  as  they  shall  judge  meete. 

Lastly  for  tlieir  further  incouragmt,  itt  is  granted  and 
ordered  thatt  all  the  members  of  this  company  duely  attend- 
ing the  gen'ii  traynings  be  freed  from  the  perticular  squadron 
meetings  and  traynings  wherein  tlic  rest  of  the  towne  are 
exercised  by  the  sergeants. 

Whereas,  by  reason  of  the  artilary,  the  squadrons  will  be 
small,  itt  was  ordered  thatt  2  companyes  shall  be  joyned  into 
one,  of  the  sergeants  in  their  course  shall  exercise  them  one  in 
every  2  weekes. 

Itt  was  ordered  thatt  the  markett  place  shall  be  cleared 
forthw'^h,  and  the  wood  to  be  carryed  to  the  watch  house  there 
to  be  piled,  and  thatt  the  busines  may  be  effected,  the  care  of 
itt  is  comitted  to  the  4  sergants. 

Itt  was  ordered  thatt  if  any  mans  goates  shall  be  found  out 


160  NEW  HAVEN  COLONY  RECOEDS.  [1645 

of  his  owiie  ground  w^hoiit  a  keeper  after  this  weeke,  he 
shall  pay  6^^  a  head. 

James  Russells,  by  reason  of  his  lame  thumb,  was  excused 
fro  bringing  his  muskett  on  the  Lords  dayes  and  other  dayes 
of  publique  sollemn  worP''. 

[100]  II  Mr.  Davenport  having  a  desire  to  remove  his  fence 
from  thatt  side  of  his  lott  towards  the  clay  pitts  way  to  the 
other  side  of  his  lott  towards  the  mill  highway,  requested  thatt 
he  might  have  liberty  to  fence  up  the  way  to  the  clay  pitts  and 
he  will  make  a  gate,  sett  a  lock  upon  itt  and  leave  the  key  att 
John  Coopers  house,  Wh  being  considered  by  the  court  they 
granted  his  request. 

Itt  was  ordered  thatt  from  hence  forward  the  monthly  court 
shall  be  kept  on  the  3'*  day  of  the  weeke. 

Phillip  Leake  was  chosen  corporall  instead  of  Abraham 
Bell. 

Itt  was  ordered  thatt  a  chist  shall  be  made  forthw^h  to  putt 
the  pikes  in,  to  keepe  them  from  warping,  w^h  Thomas 
Mounson  and  the  rest  of  the  officers  undertooke  to  see  done. 

Itt  was  ordered  thatt  those  thatt  live  att  the  farmes  shall 
bring  or  send  their  armes  to  be  veiwed  on  such  dayes  as  are 
appoynted,  and  they  all  attend  the  gen''^  traynings  except  one 
man  att  every  farme. 

Itt  was  left  to  the  Governo''  and  Captaine  Turner  to  order 
and  appoynt  the  gen""!!  trainings  so  as  may  be  most  for  the 
common  good  of  the  plantatio  in  respect  of  hay  time  and  har- 
vest. 


A  Court  held  att  Newhaven  the 
gth  OP  Aprill  1645. 

Mr.  Malbon  required  satisfactio  of  Mr.  Caffins  for  damage 
done  in  his  corne  att  seu''all  times,  once  by  his  swine,  and 
another  time  by  his  cattell,  wh  was  valued  att  8  bushrs  each 
time,  butt  Mr.  Caffins  aleadged  thatt  the  damage  came  by 
defect  of  their  owne  fence  W^h  was  nott  made  up  betweene  the 
clay  pitts  and  their  corne.  The  case  being  something  darke, 
w^h  consent  of  both  parties,  it  was  referred  to  John  Wakema, 


1645]  NEW   HAVEN    COLONY   RECORDS.     '  161 

Rich :  Miles  and  Jasper  Craiiie  to  veiw  and  arliitrate  &  deter- 
mine, or  else  to  report  to  the  court  how  they  finde  itt. 

Robt  Ceely  was  desired  to  advise  w^h  some  thatt  have  skill 
in  leather  to  gett  whatt  light  they  can  agst  the  next  court, 
thatt  some  course  may  be  taken  if  itt  may  be  to  moderate  the 
price  of  leather  and  shooes. 

John  Meggs  accused  Captaine  Turner,  Tho  :  Pell  and  Tho  : 
Robinson  of  extortio  or  vnrighteousnes  in  the  prices  of  leather 
w^h  they  sould  to  him,  butt  being  nott  prepared  to  make 
proofe  of  whatt  he  had  charged  them  w'h,  the  proceeding  was 
respited  vntill  the  next  court. 

Captaine  Turner  having  received  eighteene  pounds  and 
eighteene  shillings  of  Mrs.  Higginsons  estate,  and  John 
Wakema  fifteene  pounds  allso  of  the  said  estate,  have  both  sev- 
erally ingaged  their  their  houses  and  lands  Utt  Newhaven  unto 
the  court  of  Newhaven  for  the  true  paym*  thereof  in  current 
country  pay  att  the  full  end  and  tearme  of  5  yeares  from 
October  last  past,  together  w'h  3^  att  every  pound  for  consid- 
eratio  of  the  said  mony. 

John  Walker  desired  satisfactio  for  damage  done  in  his 
corne  by  hoggs  w^h  Thomas  Morris  testified  was  12  bushells, 
whereupon  it  was  ordered  that  the  defective  fences  shall  make 
itt  good. 

The  marshall  was  required  to  warne  their  quarter  to  gett 
the  defective  fences  mended,  and  the  treasurer  is  to  pay  for 
thatt  w^h  Ijelongs  to  the  towne. 

Mr.  Leach  having  cutt  shingles  in  the  woodes  contrary  to 
order,  desired  to  know  the  minde  of  the  court,  whether  or  noe 
he  may  have  them,  itt  was  ordered  thatt  he  shall,  if  he  will 
make  vse  of  them  referring  himselfe  to  the  court  for  the  price 
of  the  shingles  and  his  disorder  in  getting  them  w'hout 
license. 


21 


162  ,  NEW   HAVEN   COLONY  EECOEDS.  [1645 

[101]  A  Court  held  the  6t  of  May 

1645. 

Obadiah  Southwood  being  apprentice  to  Goodman  Tainter 
for  runing  away  from  his  said  ma^,  and  being  convicted  for  a 
notorious  lyar,  was  sentenced  to  be  seveerly  whipped. 

Concerning  the  defference  betweene  Mr.  Browning  and 
John  Moss,  they  were  desired  to  cleare  mistakes  betweene 
them  about  the  diffective  fences  in  tlie  oyster  shell  field  w'^h 
concernes  them,  w^h  the  veiwers  have  given  them  warning  of 
3  times,  and  yett  the  are  nott  mended. 

Itt  was  ordered  thatt  they  whose  fences  in  the  oyster  shell 
field  are  defective,  or  were  found  to  be  so  upon  veiw,  shall 
pay  the  veiwers  for  their  loss  of  time  as  well  in  attending  the 
court  as  in  veiwing,  because  the  did  nott  gett  their  fences 
meitded  according  as  they  were  advised,  (viz)  Mr.  Browning, 
^  Abbott,  Mathew  Moulthrop,  Goodma  Pigg  and  John 
Moss. 

Thomas  Barnes  required  satisfactio  of  Ralph  Dighton  for  a 
cow  of  his  w^h  perished  as  he  conceives  through  his  sons 
neglect  who  kept  the  heard  thatt  day,  butt  Ralph  Dighton 
alleadged  thatt  a  cow  of  thatt  heard  being  swamped,  his  son 
came  home  to  the  towne  to  gett  help,  and  left  his  partner  w^h 
.the  cow  in  the  interim,  and  before  they  had  gott  the  cow  out 
of  the  swamp  itt  was  night  and  the  heard  was  coming  home, 
and  they  nott  knowing  of  any  dangerous  place  betwixt  the 
bridge  and  the  place  where  the  cattell  vsed  to  come  over,  did 
nott  conceive  itt  necessary  to  follow  the  cattell,  l)utt  came 
over  the  bridge,  and  though  they  came  on  the  other  side  of 
the  river  over  against  the  place  where  his  cow  was  afterwards 
found  perished  w^h  her  foote  in  a  hole  betwixt  the  banck  and 
the  roote  of  a  tree,  yett  they  did  neither  heare  nor  see  her. 
Itt  was  testified  by  others  that  there  was  noe  knowen  place  of 
danger  in  thatt  place  before  menconed.  The  judgm*  of  the 
Court  was  thatt  itt  was  an  afflicting  providence  of  God  w^h 
the  said  Barnes  was  to  beare  himselfe,  and  that  the  boy  was 
innocent  in  the  case. 


1645]  NEW   HAVEN   COLONY  RECORDS.  ,  163 

Rol)^  Johnson  for  a  defective  gunstock  was  fined  !«  and 
charged  to  gett  itt  mended. 


A  Court  held  the  3''  op  June 
1645. 

The  difference  betwixt  Captaine  Turner  and  John  Hill  con- 
cerning a  Bull  w^h  the  Captaine  conceived  did  dye  by  the 
default  of  the  said  John  Hill  in  working  him  contrary  to  his 
ma""*  express  comaund,  was  referred  by  consent  of  both  ptyes 
to  John  Wakeman  and  Mr.  Robert  Newma  to  arbitrate  and 
determine  if  it  may  be,  or  else  to  report  to  the  Court  how  they 
finde  itt. 

John  Meggs  having  form'"ly  charged  Captaine  Turner, 
Thomas  Pell  and  Tho:  Robinson  w^^li  extortio  or  sinfull 
vnrightousnes,  and  nott  being  able  to  make  good  the  said 
charge  agst  them,  did  now  acknowledghis  erro"",  w^h  acknowl- 
edgm'^  was  accepted  as  satisfactio,  onely  he  was  scntenscd  to 
pay  1'^  fine  for  nott  appearing  att  the  last  court,  and  to  pay 
the  charges  of  those  who  had  attended  3  courts  together  by 
his  meanes. 

James  Till  for  stealing  2  fadd:  of  black  wampom,  and  one 
fadd :  oi  white  from  Laurence  Turner,  into  whose  company  he 
intruded  himselfe  under  pretence  of  frendship,  was  sentenced 
to  bo  whipped  and  to  make  2  folde  restitutio  to  the  said  Lau- 
rence for  what  he  hath  stolen. 

The  difference  betweene  Mr.  Goodyeare  and  John  England, 
by  consent  of  both  ptyes,  was  referred  to  Mr.  Rob^^  Newma  and 
Mr.  Gilbert  to  arbitrate  and  determine  if  it  may  be,  or  to  make 
report  to  the  Court  how  they  finde  it. 

Edward  ^  Mr.  Gilberts  man,  desired  the  judgm'  of  the  court 
whether  his  ma*"  can  force  him  to  serve  any  longer,  he  having 
nothing  to  show  in  writing,  itt  was  answered  that  he  must 
stay  w'h  his  ma''  one  yeare  more,  and  in  the  meane  time,  both 
he  and  his  ma""  may  write  to  his  friends  for  both  their  satisfac- 
tio, and  if  he  doe  serve  a  yeare  longer  the  he  should  have  done, 
then  his  ma""  is  to  pay  him  for  his  last  yeares  service. 


164  NEW  HAVEN  COLONY  RECORDS.  [1645 

All  account  was  delivered  into  the  court  by  Mr.  Craine  con- 
cerlng  Mr.  Roe  and  ordered  in  case  itt  be  questioned  it  is  to  be 
tryed  in  a  Court  of  Magistrates. 

Andrew  Low,  for  late  coming  to  watch,  fined  2%  and  Geo. 
Larrimo""  and  Goodma  Harrison  fined  each  of  them  1^  for  the 
same. 

Tho :  Caffins  fined  G'^  apeece  for  his  goates  pounding. 

Rich :  Webb  promised  to  pay  vnto  Josuah  Attwater  33^  w'^h 
he  demaunded  of  him  as  due  to  the  shipp. 

Fifty  shillings  of  Steven  Medcalfe's  in  the  hands  of  Peter 
Browne  is  attatched  by  Mr.  Gregson  for  a  debt  of  the  said 
Stevens. 


[102]      Att  a  Gen'^11  Court  held  att  Newhaven 
THE  16th  OF  June,  1645. 

Those  who  have  the  small  lotts  propounded  their  want  of 
meadow  to  the  serious  considcratio  of  the  court,  desireing  that 
the  court  would  grant  them  the  meadowes  called  the  Beaver 
meadowes  and  they  will  endevo''  to  improve  them,  and  if  they 
can  so  improve  them  as  to  make  them  comodious  for  their  vse 
they  will  be  content  to  pay  rates  backward  and  forward  in  a 
moderate  way  as  shall  be  judged  equall,  butt  if  nott  they  will 
retourne  the  said  meadows  into  the  hands  of  the  towne. 

Leivtenant  Seely  and  Jer  Witnell  complained  thatt .  their 
meadowes  are  so  bad  as  that  they  are  alltogether  unserviceable 
to  them  and  cannott  be  improved,  and  therefore  desired  the 
court  to  take  their  case  allso  into  serious  considcratio. 

The  Court  seriously  considering  and  debateing  the  said 
propositions,  declared  themselves  willing  to  attend  the  necessi- 
tyes  of  the  partyes  aforesaid  and  others  whose  meadowes  by 
charge  cannott  be  improved,  and  therefore  ordered  that  Jasper 
Craine,  Marke  Pearce,  John  Clarke  and  Henry  Lendall  shall 
veiw  the  said  meadowes  in  referrence  to  the  aforesaid  pposi- 
tions  'and  make  report  to  the  Governo''  and  the  rest  of  the 
Court,  (whatt  they  conceive  concerning  them,)  who  shall  have 
have  power  upon  the  retourne  of  the  said  veiw  to  dispose  of 
the  said  meadowes,  to  lay  out  proportions  and  to  settle  rates 


1645]  NEW   HAVEN   COLONY   RECORDS.  165 

according  to  each  mans  different  and  severall  considerations 
interessed  in  the  aforesaid  propositions  as  they  in  their  v/is- 
dome  shall  see  cause. 

Francis  Browne  moved  in  the  court  thatt  if  he  may  have  a 
little  house  or  shade  made  att  the  water  side  to  worke  in  and 
competent  allowance  for  his  paines,  and  if  itt  may  be,  some 
land  in  the  Oyster-shell  field  to  plant,  he  will  keep  a  ferry 
boate  to  carry  people  over  the  East  River,  and  thatt  he  will 
attend  itt  every  day  from  the  rising  of  the  sun  to  the  going 
downe  of  the  same  in  an  ordenary  course  till  12  moneths  be 
expired  from  the  date  here-of,  exceptinge  Sabotli  dayes  and 
other  times  of  solemne  publique  worP  of  God.  Whereupon  itt 
was  ordered  that  he  shall  2^  apeece  if  there  be  nott  above  3. 
If  there  be  above  3  and  not  above  6  he  shall  have  Q°^  a.  peece, 
and  if  above  6  he  shall  have  butt  1'^  a  head  for  their  fare.  Itt 
was  allso  ordered  thatt  if  any  English  man  shall  transport  any 
person  or  persons  in  any  other  boate  or  cannow  in  the  ferryes 
way,  he  shall  pay  to  the  ferryman  1'^  a  head  for  every  person 
so  transported  by  him,  provided  notwithstanding,  that  if  any 
planter  in  this  towne  have  a  boate  or  cannow  of  his  owne  he 
may  make  vse  thereof  to  transport  himselfe,  famyly  or  worke 
folkes  to  and  againe,  (as  their  busines  or  occasions  require) 
w^hout  offence.  Note  allso  that  the  farmers  on  the  East  side 
are  left  free  either  to  vse  their  owne  cannowes  or  boates,  or  to 
agree  w'h  the  ferrymai:  as  they  can  when  they  have  need. 
The  Court  desired  the  Governo"'  w*h  the  magistrates  and  dep- 
uties to  take  care  thatt  a  shade  or  little  house  be  made  as 
aforesaid,  and  that  the  ferryman  may  be  accomodated  w'h  2 
or  3  acres  of  land  convenient  for  him  in  the  Oyster  shell  field 
if  it  may  be. 

Whereas  much  damage  hath  beene  done  to  timber  in  the 
coihon  by  getting  barke  for  dying  and  tanning,  itt  was  there- 
fore ordered  thatt  Sergeant  Andrewes,  Sergeant  Jeffreyes  & 
Sergeant  Mounson,  w^h  Corporall  Whitehead  shall  consider 
where  the  dyers  and  tanners  may  gett  their  barke  for  time  to 
come  w^h  least  damage  to  the  publique  and  that  from  hence- 
forward if  any  shall  gett  l^arke  in  the  coiiions  w^hout  tlieir 


166  NEW   HAVEN   COLONY   RECORDS.  [1645 

allowance,  or  contrary  to  their  appoyntmcnt,  they  shall  be 
punished  att  the  discretio  of  the  Court. 

Whereas  the  court  did  desire  the  Governo''  and  the  captaine 
to  consider  and  order  the  traynings  so  as  may  sute  best  w^h 
the  tawnes  occasions,  w^h  accordingly  they  have  ordered  as 
foUoweth;  the  first  Munday  in  March  to  traine  and  veiw 
armes,  the  last  Munday  in  Aprill  &  the  last  Munday  in  May 
to  traine,  the  third  Munday  in  June  to  trayne  and  veiw  armes, 
the  last  Munday  in  September  to  traine  and  veiw  armes,  the 
first  and  last  Mundayes  in  October  to  trayne,  the  second  Mun- 
day in  November  to  traine  and  veiw  armes,  w'^h  dayes  were 
approved  and  confirmed  by  the  court. 

Itt  was  ordered  that  if  any  person  or  persons,  whether  direct- 
ly or  indirectly,  in  this  towne  shall  sell  wine  by  retayle  of 
quarts  or  pintes  or  the  like,  after  14  dayes  next  ensueing  be 
expired,  w^iout  license,  he  or  they  shall  be  punished  att  the 
discretio  of  the  court. 

Will  Andrewes  licensed  to  draw  wine  and  to  sell  by  retayle. 

Vpon  a  motio  made  by  William  Andrewes  for  some  conven- 
ient place  to  putt  straingers  horses  in,  itt  was  ordered  thatt 
the  said  William  Andrewes  shall  have  liberty  to  fence  in  20 
acres  of  land  att  the  hither  end  of  the  plaines  joyning  unto 
Francis  Newmans  lott,  and  if  dye  or  leave  the  ordinary,  the 
land  shall  goe  to  the  ordinary  still  for  the  vse  aforesaide,  oncly 
his  charges  are  to  be  allowed  by  him  thatt  shall  succeede, 
thatt  he  or  be  no  looser  when  he  leaves  itt  if  the  hyre  he  re- 
ceives doe  nott  pay  him  in  the  interim. 

[103]  II  Itt  was  ordered  thatt  a  standard  of  weights  and 
measures  shall  be  made  forthw^h,  and  thatt  every  one  in  the 
towne  who  have  weights  and  measures  W^h  they  intend  to  buy 
or  sell  l)y,  shall  bring  them  to  the  meeting  house  this  day  fort- 
night att  8  a  clock,  and  Rich:  Miles,  Josuah  Attwater  and 
Nicholas  Elsey  shall  fitt  and  marke  them  by  the  standard  and 
goe  to  the  houses  of  those  who  have  great  weights  w^h  cannott 
w'h  conveniencie  be  brought  to  the  meeting,  and  what  time 
the  spend  in  the  aforesaid  service,  the  treasurer  is  to  pay 
them.     And  if  any  person  or  persons  shall  after  the  aforesaid, 


1645]  NEW   HAVEN    COLONY  RECORDS.  167 

shall  sell  by  any  weight  or  measure  not  so  marked  as  aforesaid, 
lie  or  they  shall  be  punished  att  the  discretio  of  the  Court. 

Whereas  some  have  taken  offence  att  the  shepheards  keep- 
ing his  sheep  and  making  a  penne  for  them  towards  the  Oyster 
river  thinking  they  were  wronged  by  itt,  butt  the  order  of 
Court  the  21  of  October  16-14  being  read,  itt  appeared  thatt 
nothing  was  done  butt  by  order  of  Court. 

Itt  was  ppounded  thatt  another  ordinary  might  bo  sett  up 
towards  the  water  side,  butt  none  was  found  fitt  for  the  pres- 
ent, onely  itt  was  left  w'h  John  Livermore  to  consider  off  if  he 
can  be  free  &  fitt  to  undertake  itt. 

Itt  was  propounded  thatt  every  souldier  in  the  band  may 
have  a  yeard  of  canvis  for  such  vse  as  the  captaine  shall  ap- 
poynt.  Itt  was  allso  propounded  thatt  a  marke  may  be  sett 
up  in  some  convenient  place  for  the  company  to  shout  att  for 
some  priz. 

Whereas  the  place  where  John  Benham  now  makes  bricks 
is  w^hin  the  compass  of  Mr.  Batons  farme,  and  noe  way  to  itt 
butt  butt  by  water  except  through  his  ground,  w^h  nevertheless 
hitherto  he  hath  nott  beene  debarred  of,  but  of  late  brother 
Benham  having  a  purpose  to  inclose  some  ground  there,  the 
Governo''  Mr.  Eaton  lett  him  know  itt  would  nott  be  conven- 
ient for  him  to  have  a  farme  w^liin  his  farme,  whereupon  the 
said  John  Benham  propounded  to  the  Court  where  he  shall 
make  bricks,  butt  nothing  was  determined  concerning. 

Itt  was  ordered  thatt  a  chist  be  made  for  the  pikes  and  the 
great  guns  putt  in  readynes  for  w^h,  according  to  a  former 
order. 


A  Gen^ii  Court  held  the  20'^  op  June,  1645. 

Whereas  itt  doth  appeare  there  is  need  of  sending  forth 
some  souldiers  to  strengthen  Vncus  agst  the  Narragansett  In- 
dians, for  the  present  and  y*  some  thing  may  fall  out  w^h  may 
occasio  the  sending  of  more  men,  itt  was  therefore  ordered 
thatt  the  Governo''  w^h  the  rest  of  the  Court  wUi  the  Captaine 
and  Leivtenant  as  a  councell  of  warr  shall  dispose  and  order 


168  NEW  HAVEN  COLONY  RECORDS.         [1645 

all  the  military  affayres  iiiitill  the  Geii'''^  Court  for  the  juris- 
dictio  shall  settle  some  course  concernino;  the  same. 


A  Court  held  the  1^  of  June,  1645. 

Will  Russells  being  ma''  of  a  watch,  for  suffering  his  watch 
to  sleepe  was  fined  10^. 

The  sentinell  fined  5^  and  all  the  rest  1^  a  peece.    . 
John  Hunter  fined  5^  for  neglecting  his  watch. 
Sam  Dighton  and  Anthony  Stevens  respited. 


A  Court  held  the  5  of  August,  1645. 

Robt  Abbott  having  his  goates  driven  forth  towards  the 
keeper,  butt  were  found  in  the  quarter  yett  had  done  no  dam- 
age, desired  the  judgm^  of  the  Court  whether  he  were  lyable 
to  pay  6^  a  head  by  vertue  of  the  order  agst  goates. 


[Here  the  records  cease  to  be  iu  the  handwriting  of  Thomas  Fugill,  and  what  fol- 
lows, as  far  as  page  194,  is  in  that  of  Richard  Perry.] 

[104]  At  a  Gen'i  Court  held  at  Newhauen  the  18**1  of 
August,  1645. 

Vppon  a  letter  from  the  Governour*  it  was  desired  that 
some  course  may  he  taken  for  the  common  saftie  in  these  ru- 
mours &  tumults  of  the  Indians. 

The  gunne  smithes  were  desired  to  lay  aside  all  other 
buissines  &  gett  those  gunnes  repayred  that  are  defective. 

Henry  Pecke  and  old  Bassett  were  desired  to  sett  the  great 
gunnes  vppon  good  strong  carryadges. 

The  farmers  that  have  butter  and  cheese  were  desired  to 
keepe  it  in  tlieir  hands,  that  in  case  the  publicque  service  re- 
quire it,  they  may  be  furnished. 

All  those  that  goe  abroad  in  the  woods  or  meddowes  were 

*  P'rom  Boston,  where  he  was  attending  a  meeting  of  the  Commissioners  of  the 
United  Colonies. 


1645]  NEW   HAVEN   COLONY   RECORDS.  169 

desired  to  carry  their  amies  w'h  them,  &  to  worke  as  iieare 
together  as  may  bee. 

It  was  desired  that  those  that  goe  forth  with  the  heards  and 
flocks  woukl  carry  their  gunncs  w^h  them  &  it  was  advised 
that  2  might  goe  w^h  euery  heard  oiiii  the  Lords  dayes. 


At  a  Gennerall  Court  held  at  Newhauen  the  25^''  of 
August,  1G45. 

The  court  tooke  it  into  serious  consideration  what  shoukl 
be  done  w'h  farmes,  but  nothing  was  conchided  about  them 
but  left  to  further  consideration,  only  those  that  live  at  the 
farmes  were  desired  to  keepe  good  watch  &  be  carefull  of  their 
owne  saftie,  till  there  be  more  apparent  danger  and  some  fur- 
ther order  concerninge  them. 

It  was  debated  whether  the  dischardging  of  a  gunne  in  the 
towne,  woods  or  meddowes,shalbe  taken  as  an  allarum  dureing 
these  times  of  danger,  but  it  was  left. 

It  was  propownded  that  those  that  have  gunnes  most  fit  for 
service  abroad,  shall  lend  them  to  the  souldiers  that  are  to 
goe  abroad,  Also  that  those  that  have  shoes  &  stockeings  to 
spare,  would  furnish  the  souldiers  w*h  them,  and  Mr.  Gregson 
vndertooke  to  see  them  satisfied  for  them. 


A  Court  held  the  2'^  of  September,  1645. 

Richard  Catchman  desired  the  justice  of  the  court  agaynst 
Thomas  Hart  and  complayned  that  the  said  Hart  carryed  away 
his  negroe  servant  from  Virginia  w^hout  his  licence,  wherby 
he  was  damnified  to  the  vallew  of  2000  waight  of  tobacco  in 
the  price  of  her,  besides  what  was  dew  to  him  from  the  said 
Thomas  Hart  for  the  service  of  the  said  servant  for  sundry 
monthes. 

Thomas  Hart  pleaded  that  the  said  Catchman  did  owe  him 
a  debt,  &  delivered  a  noat  of  severall  accompts  into  the  court. 

But  because  they  wanted  clearnes  of  evidence  onn  both 
sides,  the  court  advised  them  to  rofferre  it  to  arbitration,  accord- 

90 


170  NEW   HAVEN   COLONY  RECORDS.  [1645 

ingly  they  chose  Mr.  Gregson  and  Mr.  Malbon  to  arbitrate  it,  & 
if  they  cannot  end  it  they  desired  Mr.  Eaton  the  governour  to 
vmpire  it. 

Ricliard  Catchman  as  atnrney  for  Florence  Payne  in  Vir- 
ginia demanded  a  debt  of  Mr.  Hart  w^h  hee  the  said  Thomas 
Hart  did  acknowledge,  but  conceived  that  part  of  it  was  paied, 
if  not  all,  but  had  not  his  proofs  readdy,  whereuppon  it  was 
respited  that  he  may  have  time  to  make  proofs ;  in  the  meane 
time  to  lay  in  security  to  the  court  for  the  said  debt  till  hee 
make  proofs  of  the  payment  of  it  in  Virginia. 

John  Thomas  for  absence  at  a  gennerall  trayninge  was 
fined  5s. 


[105]     A  Court  held  at  Newhaven  the  6^h  of  October, 

1645. 

Michaell  Palmer  complayned  that  Richard  Beech  did  prom- 
ise to  pay  him  a  debt  of  35^  in  beaver  but  had  fayled. 

Richard  Beech  acknowledged  the  debt  &  his  promise  to  pay 
beaver,  but  professed  he  could  not  gett  beaver. 

The  court  ordered  that  Richard  Beech  should  pay  the  debt 
in  some  other  pay  soe  as  it  may  equall  beaver,  to  the  said 
Palmers  satisfaction  (w^i  damadges  for  forbearance,)  before 
the  next  court,  or  elce  an  execution  shall  goe  forth  agaynst 
him. 

Arthur  Holbridg  hath  sould  to  Mr.  Malbon  all  his  land  in 
the  necke  conteyninge  two  acres  and  thirty  tw^o  rodds. 

Jeames  Russell  desired  satisfaction  of  John  Walker  for 
damadge  done  in  his  corne  by  his  hoggs. 

John  "Walker  pleaded  that  the  fences  were  defective,  where- 
vppon  he  was  advised  to  warne  those  whose  fences  were  de- 
fectiue. 

Anthony  Stevens  for  comming  too  late  to  watch,  and  w^iout 
bullets  was  fined  2*. 

Joseph  Brewster  and  Joseph  Cox  were  accused  for  drinkeing 
to  excesse ;  Joseph  Brewster  confest  that  they  had  drunck 
sacke  in  his  fathers  cellar  out  of  the  bung  wUi  a  tobacco  pipe, 
&  in  the  chamber  out  of  a  bottle,  and  that  they  went  after  that 


1645]  NEW   HAVEN   COLONY   RECORDS.  171 

to  the  ordyiiaiy,  and  there  drank  a  quart  of  beare.  Sister 
Linge  testified  that  she  saw  them  as  they  came  from  the  ordy- 
nary  &  Joseph  Brewster  did  lead  Joseph  Cox  by  the  arme,  & 
she  speakeing  to  them  asked  whether  Joseph  Cox  were  drunk, 
wherevppon  Joseph  Brewster  let  him  goe  and  then  she  saw 
him  stagger  &  reele,  &  as  she  conceived,  being  not  able  to  goo 
nor  stand  as  a  man,  he  sit  him  downe  vppon  a  blocke  or  logge 
by  the  pales,  but  could  not  sit  as  one  sober,  wherevppon  she 
agayne  said  he  was  drunke,  because  he  could  not  goe  nor 
stand,  and  then  Joseph  Brewster  called  him  to  come  to  him 
w^h  he  did,  but  yet  in  a  reeling  mainer.  Mrs.  Evance  and 
her  mayd  testified  that  when  they  first  saw  Joseph  Cox  after 
this  they  could  perceive  nothinge  that  liee  ayled. 

The  Court  being  fully  satisfied  in  the  evidence  given  by  sis- 
ter Linge,  and  the  Governour  testifing  that  vppon  examina- 
tion he  had  taken,  they  tould  aboundance  of  lyes^  cspetially 
Joseph  Brewster,  the  premises  considered,  the  Court  conceyved 
they  deserved  to  be  sevearly  whipped,  luit  referred  it  to  Mr. 
Evance  &  Mr.  Brewster  to  give  them  correction  in  their  famy- 
lyes. 


At  a   Gennerall  Court  held  att  Newhauen  the  22"»  of 
OcTO:  1645. 

John  Cooper  &  Joseph  Nash  were  admited  members  of  the 
Court. 

Captayne  Malbon  &  Captayne  Turner  were  chosen  deputies 
for  the  gennerall  court  for  the  jurisdiction. 

Mr.  Malbon,  Mr.  Evance,  Mr.  Gibbard,  Mr.  Francis  New- 
man were  chosen  deputies  for  the  towne. 

Mr.  Atwatter  chosen  treasurer. 

Mr.  Goodyeare,  Mr.  Evance,  Mr.  Gibbard,  Mr.  Wackman, 
Mr.  Francis  Newman,  &  Mr.  Atwatter  were  chosen  to  audit 
the  accompts  of  the  former  treasurers. 

Thomas  Fugill  chosen  secretarie,  Tho'"  Kimberly  chosen 
m""  shall. 

The  surveyours  of  the  causwayes  &  bridges  w^h  their  con- 
sent are  to  be  continued  another  yeare. 


172  NEW  HAVEN  COLONY  RECORDS.  1645] 

[106]  II  Mr.  Lambertoii  propowncled  that  he  might  have  a 
pcecc  of  grownd  iieare  his  howse  to  sett  a  warehowse  by  the 
creeke  and  for  a  wharfe  also,  &  he  will  give  the  towne  soe 
much  as  it  is  worth,  or  if  the  towne  be  not  willinge  to  sell  it, 
if  he  may  have  it  for  the  present,  when  there  shalbe  cause  he 
will  part  w'h  it  vppon  such  tearmes  as  shalbe  thought  by  indif- 
ferent men. 

Jaspar  Crayne  &  Eobert  Seely  are  desired  to  joyne  wUi  the 
Court  to  view  the  said  grownd,  &  (if  they  see  cause)  to  dis- 
pose of  it  to  Mr.  Lamberton,  vppon  such  tearmes  as  shaDie 
thought  meet  by  them  for  the  publique  good. 

The  Governour  complayned  that  he  could  not  gett  work- 
men to  mend  the  mill,  wherevppon  it  was  ordred  that  the 
governour  shall  have  power  to  presse  men  for  that  worke,  &  if 
any  man  be  preingadged  they  shall  goe  onn  w'^li  their  ingadg- 
ments  after  the  presse  is  satisfied  or  the  work  done  for  w<=h 
they  are  pressed. 

It  was  debated  what  order  the  miller  should  observe  in 
grinding  mens  corne,  but  left  to  the  millers  discretion  &  the 
rule  of  equitye. 

The  Governour  wished  the  towne  to  take  notice  that  if  any 
send  baggs  vnmarked,  the  miller  will  take  noe  chardge  of 
them. 

Goodman  Smith  desired  the  court  to  take  some  order  that 
his  land  may  be  layd  out.  The  Governour  wished  the  Court 
to  consider  Avhether  they  would  confirme  their  former  grant 
to  the  said  Smith  or  revoake  or  alter  it,  but  it  was  respited  to 
further  consideration,  because  for  the  present  he  hath  put  of 
his  sheepe. 

It  was  ordered  that  Goodman  Deighton  should  burne  the 
playnes  w'h  all  convenient  speede,  takeing  the  fittest  season, 
and  therfore  every  one  should  take  warninge  &  secure  their 
fences  or  what  elce  may  be  in  danger. 

It  was  propownded  to  the  court  in  case  damadge  be  done  in 
corne  who  shall  beare  the  damadge,  it  was  resolved  they 
whose  fences  are  defective,  if  the  defective  fences  bee  fownd. 

The  Governour  called  vppon  those  who  were  defective 
though  appoynted  to  veiw  the  Beaver  Meddowes,  &  bro.  Seely 


1645]  NEW   HAVEN    COLONY   RECORDS.  173 

to  know  what  was  done  in  it,  but  their  auswere  was  they  had 
done  notheing  in  it. 

The  marshall  was  desired  to  see  the  hooks  and  hinges  of  the 
towne  gates  least  they  be  lost. 


At  a  Gennerall  Court  held  the  80^''  of  Octob  :  1645, 

Mr.  Lamberton  was  chosen  deputy  in  Mr.  Malbons  stead  for 
the  jurisdiction  court,  and  Mr.  Crayne  deputy  for  this  towne. 

[A  General  Court  for  the  Jurisdiction  was  also  held  on  the  30th  of  October,  1645, 
at  which  the  magistrates  and  commissioners  were  chosen  for  the  year  ensuing,  as 
appears  from  the  date  of  the  commissions  of  the  latter  in  the  Records  of  the  United 
Colonies.) 


A  Court  held  the  l^'i  of  November  1645. 

Bamfeild  Bell  being  reproued  l)y  W"'  Paine  for  singinge 
profane  songs,  answered  &  said,  you  are  one  of  the  holy  breth- 
eren  that  will  lye  for  advantadge.  It  was  testified  by  the  said 
W™  Payne  &  Joseph  Brewster.  Mr.  Evance  testified  that  it 
was  his  constant  frame  to  reproach  those  that  walke  in  the 
wayes  of  God.  The  premisses  considered  the  centence  of  the 
court  was  that  he  should  be  seveerly  whipped. 

Mrs.  Brewster  intreated  the  Court  that  the  execution  of  tlie 
sentence  may  be  respited  till  her  husband  come  home,  because 
he  is  her  husbands  kinsman. 

John  Beech  &  Ambrosse  Sutton  being  sent  forth  by  the  iw 
of  the  watch  to  walke  the  rownd  went  into  a  bowse  &  laycd 
them  downe  to  sleepe,  &  soe  neglected  their  trust,  for  w^li 
they  were  fined  5^  apeece. 

Mr.  Leech  beinge  complayned  of  for  not  bringing  his  armes 
on  the  Lords  days,  his  answere  was  that  his  man  brings  his 
armes  for  him,  w^h  was  satisfyinge. 

Thomas  Clarke  for  totall  neglect  of  his  watch  was  fined  5-*. 

Mr,  Evance  hath  soiild  vnto  Mr.  Robert  Newman  &  to  Mr. 
Gill)ert  67  ac:  of  vpland,  lying  betweene  Captayne  Turners 
farme  and  and  the  said  Mr.  Newmans  farme. 


174  new  haven  colony  records,  [1646 

[107]      At  a  Court  held  the  3^  op  December  1645. 

Thomas  Robinson  was  chardged  for  remoiieing  some  land 
marks  in  Mr.  Hooks  &  setting  new  stacks  in  W'"  Fowlers 
meddowe  liaveing  hired  in  the  meddow  adjoyninge  some  grasse 
for  this  yeare. 

He  pleaded  that  he  vsed  the  best  meanes  he  could  to  find 
the  range.  Richard  Miles  testified  that  he  gave  such  exact 
directions  that  he  could  not  misse  the  bowndcs  of  Mr.  Hooks 
meddowe,  if  he  observed  the  range  of  Mr.  Gregsons  fence  on 
both  sides  of  the  meddowes. 

Thomas  Barnes  also  testified  that  Thomas  Robinson  did 
remove  a  stacke  though  he  advised  not  to  doe  it.  W'"  White 
testified  that  when  he  went  to  mowe  in  Mr.  Bracyes  meddow 
there  was  new  staks  sett,  and  that  bro :  lues  tould  him  if  hee 
did  mow  by  those  staks  he  should  cutt  crosse  brother  Fowlers 
meddow.  George  Smith  testified  that  after  Thomas  Robinson 
had  bin  sicke,  haveing  some  meddow  to  cutt,  he  said  if  he  had 
bin  well  he  would  have  made  them  goe  nearer  together,  mean- 
ing he  would  have  cutt  more  then  was  left  him  or  was  dew  as 
was  concejued,  for  w'^li  vnrighteousnes  in  disturbing  the  pub- 
licque  peace,  he  was  fined  40^  to  the  publicque  &  ordered  to 
set  the  staks  right  at  his  chardge. 

Captayne  Turner  informed  the  court  that  Mrs.  Stolion  hath 
complayned  to  sundry  persons  that  he  made  a  bargaine  w^i 
her  for  cloth  for  w'^h  shee  accepted  cowes,  but  was  disapoynted 
to  her  great  damadge,  &  therfore  he  desired  she  might  shew 
what  cause  he  had  given  her  soc  to  doe. 

Mrs.  Stolion  pleaded  that  the  captayne  came  to  her  howse 
to  buy  some  cloth,  chose  a  peece  of  20^  a  yard,  and  said  he 
would  have  sixe  yards  of  it,  and  Mrs.  Stolion  should  have  a 
cow,  and  both  aggreed  to  have  her  prized  by  some  indifferent 
men ;  the  captayne  said  alsoc  that  he  had  neede  of  more  cloth 
&  commodity es  to  the  vallew  of  12^  &  told  her  she  should 
have  2  cowes,  and  she  said  when  her  son  came  home  he  should 
come  &  chuse  them ;  accordingly  when  her  son  came  home  he 
went  to  the  captayne,  chose  2  cowes,  and  when  he  came  home 
he  tould  her  the  captayne  would  come  the  next  day  &  speake 


1645]  NEW   HAVEN   COLONY   RECORDS.  175 

wMi  her,  but  came  not  according  to  his  pmise,  and  though  she 
sent  to  him  yet  he  came  not. 

The  captayne  said  lie  did  really  intend  to  have  had  some 
cloth  and  that  she  should  have  a  cowe,  and  when  Mr.  Stolion 
came  to  chuse  one  of  the  best  cowes  he  had,  and  Mr.  Stollion 
told  him  he  might  as  well  let  his  mother  have  2  cowes,  for  she 
had  neede  of  cowes  and  the  captayne  had  need  of  cloth  and 
commodities,  wherevppon  the  captayne  let  him  chuse  another 
cow  &  set  him  a  prise,  namely  12'.  Mr.  Stolion  said  he  would 
give  but  IQi,  the  captayne  told  him  he  would  abate  10*. 
Mr.  Stolion  said  he  would  give  noe  more  but  10',  they  parted 
and  the  captayne  promised  he  would  come  and  speake  w^h  his 
mother,  but  because  he  could  not  well  goe  to  Mrs.  Stolion,  & 
haveing  heard  of  the  dearnes  of  her  commodities,  the  exces- 
sive gaynes  she  tooke,  was  discouradged  from  proceedinge,  & 
accordingly  bid  his  man  tel  her  he  would  have  none  of  her 
cloth,  and  nameing  sundry  perticuler  instances  of  commodi- 
ties sold  by  her  at  an  excessive  rate,  left  it  to  the  consideracon 
of  the  court  whether  she  had  not  done  him  wronge  in  com- 
playning  of  him,  and  if  she  might  not  be  dealt  w'h  as  an 
oppressor  of  the  common weale. 

The  court  conceyved  the  captayne  was  to  blame  that  he 
did  not  goe  to  her  according  to  his  promisse,  espetially  that 
after  he  heard  she  was  vnsatisfied  he  did  not  attend  her  satis- 
faction, but  wUiall  that  the  captayne  might  justly  offer  it  to  the 
consideration  of  the  court  whether  such  selleinge  be  not  extor- 
tion and  not  to  be  sufferred  in  the  common weath. 
[108]  II  1  The  captayne  complayned  that  she  sold  some  cloth 
to  W'n  Bradly  at  20^  ¥  yard  that  cost  her  about  12%  for  w^h 
she  received  wheate  at  3^  Q<^  F  bushell,  and  sold  it  presently 
to  the  baker  at  5^  ¥  bushell  who  received  it  of  W'"  Bradly, 
only  she  forbaring  her  monny  6  monthes. 

2  That  the  cloth  w^h  Leiut  Seely  bought  of  her  for  20«  ¥ 
yard  last  yeare,  she  hath  sould  this  yeare  for  7  bushells  of 
wheate  a  yard,  to  be  delivered  in  her  chamber,  w*^!!  she 
confest. 

3  That  she  would  not  take  wompom  for  commodityes  at  6 


176  NEW   HAVEN   COLONY   RECORDS.  [1645 

a  penny  though  it  were  the  same  she  had  paid  to  others  at  6, 
but  she  would  have  7  a  penny,  as  Thomas  Robinson  testified. 

4  That  slie  sold  primmers  at  9^  apeece  wh  cost  but  4^  here 
in  New  England.  Thomas  Robinson  testified  that  his  wife 
gave  her  8*^  in  wompom  at  7  a  penny,  though  she  had  but 
newly  received  the  same  wompom  of  Mrs.  Stolion  at  6. 

5  That  she  would  not  take  beaver  w^'h  was  m'"chantable 
w*h  others  at  8^  a  pownd,  but  she  said  she  would  have  it  at  7^ 
and  well  dryed  in  the  sun  or  in  an  oven.  Leiut.  Seely,  the 
m'"shall  &  Isaacke  Mould  testified  it.  John  Dellingham  by 
that  meanes  lost  5«  in  a  skinne  (that  cost  him  20^  of  Mr. 
Evance  and  sold  to  her,)  viz*^  2^  6<^  in  the  waight  and  2^  6'^ 
in  the  price. 

6  She  sold  a  peece  of  cloth  to  the  2  Mecars  at  23^  4'^  p 
yard  in  wompom,  the  cloth  cost  her  about  12^  ¥  yard  &  s^ld 
when  wompom  was  in  great  request. 

7  That  she  sold  a  yard  of  the  same  cloth  to  a  man  of  Con- 
necticott  at  22^  p  yard,  to  be  delivered  in  Indian  corne  at  2^  p 
bushell  at  home. 

8  She  sold  English  mohejre  at  6^  F  yard  in  silver,  w^h  Mr. 
Goodyeare  and  Mr.  Atwater  affirmed  might  be  bought  in  Eng- 
land for  3^  2^  ¥  yard  at  the  vtmost. 

9  She  sold  thridd  after  the  rate  of  12^  F  pownd  w^h  cost 
not  above  2^  2'^  in  old  England. 

10  That  she  sold  needles  at  one  a  penny  w^h  might  be 
bought  in  old  England  at  12''  or  18^  F  hundred,  as  Mr.  Fran- 
cis Newman  aflfirmeth. 

The  Court  seriously  weighing  all  the  perticulers  chardged 
agaynst  Mrs.  Stolion,  conceived  that  the  nature  and  aggrava- 
tions of  the  aforesaid  chardges  was  proper  for  a  court  of  mag- 
istrates to  consider  off,  and  therfore  respited  and  refferred  it  to 
the  Court  of  magistrates  to  be  held  at  Newhaven  the  last  Mun- 
day  in  March  next. 

Stephen  Medcalfe  complayned  that  he  going  into  the  howse 
of  John  Linley,  Francis  Linley,  his  brother,  being  in  the  howse 
told  him  he  would  sell  him  a  gunne,  the  said  Stephen  asked 
him  if  it  were  a  good  one,  he  answered  yea,  as  any  was  in  the 
towne,  wherevppon  they  l)argajned,  and  Stephen  Avas  to  give 


1645]  NEW   HAVEN    COLONY   RECORDS.  177 

him  173.  As  Stephen  was  gohig  out  of  dorcs  he  questioned 
the  sufficiency  of  of  the  locke,  Francis  tokl  him  indeed  John 
Nash  told  him  she  was  not  wo''th  3^,  but  for  his  part  he  did 
not  vallew  it  worse  for  that,  for  smithes  doe  not  affect  okle 
gunnes,  for  he  knew  one  gunne  W^h  John  Nash  disprajsed  w^'h 
is  a  good  one  for  all  that,  soe  Stephen  went  home  &  afterward 
dischardging  the  said  gunne  the  brich  flew  out  &  struck  into 
his  eye  and  wounded  him  deepe  and  dangerously  into  the 
head. 

Francis  Linley  pleaded  that  he  told  Stephen  that  John 
Nash  told  him  that  the  gunne  was  naught,  that  it  was  not 
worth  S'l,  that  the  barrell  was  thinne  and  would  not  bcare  a 
new  britch,  and  advized  Stephen  to  scoure  her  well  and  if  lie 
tryed  her  to  put  but  a  little  chardge  in  her. 

Mr.  Gregson  and  John  Nash  testified  that  when  he  was 
examjned  before  Mr.  Gregson,  Francis  Linley  denyed  he  had 
told  Stephen  that  the  barrell  was  thinne  and  would  not  Ijearc 
a  new  britch,  that  it  was  crackt  on  one  side  from  the  britcli  to 
the  touch-hole. 

[109]  II  John  Nash  testified  that  he  tould  Francis  it  was  a 
very  naughty  peece,  not  w^orth  the  mendinge,  &  yet  he  prest 
him  to  mend  it  as  well  as  he  could  &  let  it  be  as  it  will,  he 
told  him  moreover  that  the  barrell  at  the  britch  was  as  thin  as 
a  shilling,  crackt  from  the  britch  to  the  touch-hole,  and  would 
not  beare  a  britch,  and  after  he  had  mended  it,  ho  tould  him 
he  would  not  give  3''  for  it,  and  to  his  Ijcst  remembrance,  he 
saith,  he  tould  him  he  would  not  dischardge  it  for  all  New- 
haven,  for  it  would  doe  some  mischeife. 

Richard  Myles  also  testified  that  he  heard  John  Nash  speakc 
much  of  her  badnes  &  vnserviceablenes  to  Francis  Linley. 

John  Linley  l)eing  dcmmandcd  why  he  was  taken  w'h  sucli 
a  quakeinge  and  trembling  when  Stephen  was  going  to  shoote, 
he  said  he  did  not  quack  nor  tremble. 

Thomas  Clarke  testified  vppon  oath,  that  John  Linley  tould 
him  when  he  heard  Stephen  dischardge  the  gunne  that  he  was 
affraid  he  had  hurt  himselfe. 

Goodwife  Fancy  testified,  that  John  Linley  came  oft  times 
to  speake  w'h  Stephen,  when  he  thought  he  lay  vppon  his 
23 


178  NEW   HAVEN   COLONY  RECOKDS.  [1645 

death  bedd,  to  know  if  lie  would  cleare  his  brother,  for  he 
said  he  feared  he  had  hard  thoughts  of  his  brother  concerning 
the  gun.  Mr.  Pell  confirmed  her  testimonny.  Richard 
Beech  affirmed  that  Francis  offered  him  that  gun  to  sell  & 
demanded  20%  telling  him  to  his  best  remmembrance  that  it 
had  a  new  britch. 

The  court  considering  the  premises,  the  great  damadge 
Stephen  Medcalfe  had  susteyned  in  the  losse  of  his  eye,  w'h 
the  losse  of  his  time  &  the  great  chardge  of  the  cure,  Mr. 
Pell  affirming  it  was  worth  10^,  ordered  Francis  Linley  to  pay 
to  Stephen  Medcalfe  20^  damadges. 

Brother  Thomas  Nash  for  his  sons  absence  at  a  gen^^  trayn- 
ing  pleaded  his  necessity  of  buisines  in  fetching  home  his  hay 
by  watter  &  that  he  could  gett  noe  other  helpe  at  that  time, 
but  the  court  judged  his  plea  common  to  others  &  ordered 
him  to  pay  his  fine. 

Mr.  John  Evance  pleaded  that  wheras  he  had  hired  John 
Basset  &  his  wife  to  be  servants  to  Mr.  Goodyeare  in  New  Eng- 
land, vppon  condition  that  if  Mr.  Goodyeare  did  not  accept  of 
him  he  should  be  at  liberty,  only  pay  to  the  said  Mr.  Evance 
the  monnyes  wh  he  hath  disboursed  for  him  &  his  wife  both 
for  their  transportation  &  other  occasions,  Mr.  Goodyeare  did 
not  accept  of  their  service,  &  yet  the  said  Basset  refuseth  to 
pay  him  the  said  monnyes. 

John  Bassett  pleaded  that  their  was  noe  such  -covenant. 
Mr.  Evance  produced  a  noat  vnder  his  owne  hand  w<=h  implyed 
such  a  covenant.  Basset  acknowledged  his  marke  but  said  he 
never  heard  the  note  read  though  he  set  his  hand  to  it,  yet  he 
said  if  Mr.  Evance  would  take  his  oath  of  it  he  would  submit. 
Mr.  Evance  answered  he  made  sufficient  proofs  of  it  by  2  wit- 
nesses, and  one  of  them  vppon  oath,  (&  deliuered  an  affedavit 
into  the  court,)  of  John  Ogden,  taken  before  Mr.  Eaton  Gov- 
erno"",  in  which  John  Ogden  relateing  the  aggreement  betwixt 
Mr.  Evance  &  the  said  Basset  sweres  expresly,  that  if  Mr. 
Goodyeare  doth  not  accept  of  him  and  his  wife  they  were  to 
pay  Mr.  Evance  what  he  had  layd  out  for  them,  &  so  be  free 
to  dispose  of  themselves,  yet  was  willing  if  the  court  pleased, 
to  make  oath  of  it,  but  the  court  tould  John  Basset  that  Mr. 


1645]  NEW   HAVEN    COLONY   RECORDS.  179 

Evancc  needed  not  to  doe  it  haveing  proved  by  2  witnesses, 
and  one  of  them  vppon  oath ;  at  last  the  said  Basset  said  he 
would  reffer  it  to  the  Court,  let  them  doe  as  they  pleased. 
[110]  II It  was  aggreed  but  vppon  further  discourse  betweene 
the  parties  themselves  that  John  Bassett  should  pay  vnto  Mr. 
Evance  11'  7^  w°h  is  the  debt  demanded  &  sume  disbursed, 
(Mr.  Evance  being  willing  to  take  notheing  for  consideration,) 
w'^h  sume  the  said  Basset  promised  to  pay  at  2  certayne  dayes 
vizt^,  the  one  halfe  at  midsommer  next  ensewing,  and  the 
other  halfe  w'^hin  6  monthes  after  that. 

Brother  Wackman  &  bro :  Miles  reported  to  the  court  that 
they  had  (as  the  court  desired  them)  viewed  the  clay  pits 
way  and  the  fences  adjoyninge,  in  refference  to  the  difference 
betwixt  Mr.  Malbon  &  Mr.  Caffinch,  and  fownd  that  the  way 
to  the  clay  pitts  was  to  lye  open,  but  the  quarter  that  lay  on 
the  one  side  could  not  accomplish  their  part  of  the  fence, 
and  therfore  haveing  planted,  were  forced  for  safeguard  of 
their  corne  to  make  a  fence  crosse  the  said  way  w^h  rayles,  w^h 
way  the  other  quarter  driveing  their  cattle,  &  somtimes  leav- 
einge  oppen  the  rayles  &  somtime  breakeing  them,  much  dam- 
adge  hath  bin  done  by  cattle  and  hoggs,  whereuppon  the  court 
determined  that  the  quarter  that  should  have  fenced  &  did 
not,  must  beare  the  damadge,  and  those  that  have  trespassed 
in  breakeing  &  Icaveing  open  gates  or  rayles  shall  contribute, 
and  desired  the  afforesaid  committee  to  take  some  more  paynes 
for  the  setling  of  it. 

Brother  Crayne  desired  the  judgment  of  the  court  concern- 
ing damadge  done  in  his  corne  by  Mr.  Cafifinch's  hogs  wh  he 
fownd  in  the  corne  and  brought  home  to  his  howse  requiring 
satisfaction  of  him  &  he  refussed  to  give  him  any.  The  court 
ordered  that  Mr.  Caffinch  pay  the  damadge  till  he  pay  the  de- 
fective fences. 

Jarvis  Boykin  complayned  that  sundry  fences  about  their 
quarter  are  defective,  and  he  hath  told  the  owners  of  some  of 
them,  &  some  they  know  not  to  whome  they  doe  belonge. 

The  court  advissed  they  should  get  the  fences  measured  and 
cast  vp  euery  mans  proportion,  and  then  they  may  know 
whose  it  is,  that  it  may  be  mended  to  prevent  future  damadge ; 


180  NEW   HAVEN   COLONY   EECORDS.  [1645 

and  to  put  an  end  to  the  wrangles  about  the  fences  belonging 
to  the  vacant  lotts,  it  was  ordered,  that  brother  Andrewes 
and  brother  Munson  shall  veiw  them  all,  and  allow  those  that 
made  them  soe  much  as  they  were  worth  when  they  were  sett 
upp,  and  the  quarters  to  gett  the  said  fences  well  &  substan- 
tially made  as  speedily  as  may  bee,  and  in  the  meane  time 
they  shalbeare  all  damadges  thcmselues  w<^h  come  by  the  bad- 
nes  of  the  said  fences. 

Hannah  Marsh  complayncd  that  Mr.  Brewster  called  Bil- 
lingsgate slutt,  and  that  she  was  sent  for  on  shipboard  to  play 
the  slutt. 

Mr.  Brewster  confest  he  being  much  provoaked  and  disqui- 
eted by  her  frowardnes  and  brawling  on  shipboard,  did  call  her 
slut  &  Billingsgate  slutt,  and  said  lie  hoped  she  would  dance 
about  the  whipping  post,  and  affirmed  that  Mrs.  Norton  at 
Charlstowne  told  him  that  a  seaman  was  speakcing  filthy 
words  to  her  the  said  Hannah,  and  would  have  had  her  goe 
on  shipboard,  being  asked  what  to  doe,  he  said  to  play  the 
slutt,  George  Walker  testified  he  hoard  Mrs.  Norton  speake 
what  Mr.  Brewster  hath  affirmed. 

Mr.  Brcwsters  mayd  and  Mr.  Lambertons  maid  testified  that 
the  said  Hannah  Marsh  was  very  froward  and  contentious  &  a 
cause  of  much  contention  and  vnquietnes  amongst  them  as 
they  came  from  the  Bay. 

When  the  governour  had  showne  what  was  the  ordynary 
acceptation  of  Billingsgate  slutt,  namely  that  some  that  were 
soe  called  were  convicted  scolds  and  punished  at  the  cuckeing 
stoole  for  it,  &  some  of  them  chardged  w^h  incontinency, 
[111]  II  Mr.  Brewster  said  he  had  sufficiently  proued  the 
one  true,  &  he  would  not  acquit  her  in  the  other,  being  asked 
what  grownd  he  had  to  lay  such  an  implicit  chardge  vppon 
her,  he  said  he  had  notheing  at  all  agaynst  her  but  what  he 
gathered  from  Mrs.  Nortons  words.  The  court  told  he  ought 
to  acknowledge  his  fayleing  &  soe  repaire  her  reputation  as 
much  as  he  may.  At  length  he  did  acknowledge  he  was  too 
blame  &  said  he  was  sorry  he  had  spoke  soe  rashly,  and  that 
he  intended  noe  such  chardge  agaynst  her.  The  court  also 
according  to  the  evidence  reproued  Hannah  Marsh  for  her  fro- 


1645]  NEW   HAVEN    COLONY   RECORDS.  181 

ward  disposition,  remembriug  her  that  meeknes  is  a  chojse 
ornament  for  weomen,  and  wished  her  to  take  it  as  a  rebucke 
from  God,  and  to  keepe  a  better  watch  over  her  sperit  here- 
after, least  the  Lord  proceede  to  manifest  his  displeasure  fur- 
ther agaynst  her. 

Hannah  Marsh  did  acknowledge  it  had  l)in  some  trouble  to 
her  that  she  had  bin  soe  froward  and  contentious  to  the  dis- 
quieting of  others,  &  hoped  it  should  be  a  warninge  to  her  for 
time  to  come. 


A  Gennerall  Court  held  the  S"'  of  December,  1645. 

Brother  Fowler  <fe  Thomas  Knowles  vppon  some  vrgent  oc- 
casions were  dismissed  w^h  the  leave  of  the  court. 

Mr.  Malbon  late  treasurer,  vppon  the  casting  vp  of  his  ac- 
compts  acquaynted  the  cgurt  that  the  towne  was  much  in- 
debted to  himselfe  &  others  <fe  propownded  that  some  course 
might  be  taken  by  the  court  for  the  payment  of  the  said  debts. 
The  court  considered  how  heavy  the  publique  chardges  grew, 
that  most  of  them  have  bin  expended  for  the  publique  safty 
and  about  things  of  common  public  vse,  wherin  all  that  live 
in  the  plantation  have  a  like  benifit  in  their  proportions,  and 
yet  many  live  in  the  plantation  &  have  manny  priveledges  in 
it  have  hitherto  borne  noc  part  of  those  publicquc  chardges, 
whercvppon  it  was  deviated  whether  or  noe  in  equity  such 
should  not  be  rated  some  way  or  other  for  time  to  come,  so  as 
those  that  have  borne  the  whole  burden  hitherto  may  be 
eased;  but  because  it  was  not  ripe  for  an  issue,  the  court 
refferred  it  to  the  Governo'',  magistrates,  deputies  wUi  elder 
Newman,  the  2  deacons,  Mr.  Cheevers,bro:  Miles,  bro:  Clarke, 
bro :  Anthony  Thompson  &  bro :  Munson  as  a  committee,  to 
consider  &  digest  the  said  case  and  report  to  the  court  rates 
they  conceive  such  persons  ought  to  pay  towards  the  former  & 
future  publique  chardges. 

And  forasmuch  as  the  puljlique  occasions  require  that  a 
rate  should  be  levied  forthw^h,  it  was  ordered  that  all  the 
rates  alreddy  due  and  the  rates  due  in  Aprill  next  shalbe  paid 
into  the  treasurer  at  his  owne  howse  w^hin  one  month  after 


182  NEW   HAVEN   COLONY   RECORDS.  [1645 

the  date  hereof,  in  moiiiiy,  beaver,  wampom  or  coriie,  in  good 
wheate  at  4^  ^  bushell,  in  rye  &  pease  at  3^  4^  F  bushell,  and 
if  any  pay  in  Indian  cornc  at  2^  8'^  F  bushell  w'hout  assigne- 
ments. 

Whereas  by  an  order  formerly  made  for  the  incouradgment 
of  those  that  kill  woollies  &  foxes  15^  was  allowed  for  a 
woolfe,  &  2s  6<i  for  every  fox  they  killed,  the  court  considering 
that  none  make  it  their  buisines  to  attend  it,  thought  that 
allowance  to  much,  and  ordered  that  the  treasurer  shall  pay  2 
pownd  of  powder  &  4  pownds  of  shott  or  bullets  for  euery 
woolfe,  and  1^  for  euery  old  foxe  &  sixe  pence  for  every 
yonge  one,  to  those  that  shall  kill  them. 

The  court  declared  their  apprehensions  that  the  2^  to  be 
paid  to  the  secretarye  for  alyenations  should  be  accompted  as 
part  of  his  10'  salery,  but  reffered  it  to  the  afforesaid  commitee 
to  consider  what  is  meet  to  be  allowed  to  the  secretary  and 
marshall  themselucs  out  of  the  said  alyenations,  and  of  the 
warrants. 

[112]  II  It  was  ordered  that  every  one  that  comes  to  enter  an 
action  or  an  allienation  in  the  court  pay  to  the  secrettary  (be- 
fore any  such  entry)  the  fees  ordrcd  by  the  court,  and  that 
euery  one  that  shall  bring  a  warrant  or  attatchm*  to  the  mar- 
shall  shall  pay  to  him  the  fees  due  for  the  same  before  he  exe- 
cute the  same. 

The  Governour  propownded  to  the  court  whether  they 
would  confirme  their  former  grant  to  Goodman  Smith  in 
refference  to  his  sheepe,  or  such  part  of  it  as  might  bee  con- 
veynient  for  him  &  his  famyly,  w^h  occasioned  a  lardg  de- 
bate, and  sundry  questions  were  put  to  Goodman  Smith,  both 
about  the  quantitye  of  grownd  he  desired  and  keepeing  sheep 
for  the  townes  benifit. 

Goodman  Smith  declared  that  he  would  not  be  content  w^i 
5  acres  of  meddow,  nor  would  he  be  tyed  to  keep  any  sheepe 
but  his  owne,  at  w*^h  the  court  was  offended,  because  his 
promi'se  to  keepe  other  mens  sheepe  was  the  grownd  of  their 
former  grant.  In  conclusion,  the  former  conditional  grant 
being  voted,  was  by  this  Court  revoaked. 

Mr.  Gibbard  desired  to  know  where  their  quarter  may  have 


1645]  NEW   HAVEN   COLONY  RECORDS.  183 

their  2^^  devissioii.  It  was,  they  must  let  the  survay  goe  on  for 
all  the  quarters,  &  that  then  the  Cou^'t  would  consider  where 
they,  and  others  that  want  grownd,  may  be  accomodated. 

It  was  ordered  that  wompom  shall  goe  for  currant  pay  in 
this  plantation  in  any  payment  vnder  20%  if  halfe  be  black  e 
&  halfe  be  white,  &  in  case  any  question  shall  arise  about  the 
badnes  of  any  wompom,  Mr.  Goodyeare  shall  judge,  if  they  re- 
paire  to  him. 

It  was  ordered  the  miller  shall  grinde  all  the  grists  that  is 
brought  to  the  mill  by  course  as  it  comes  in  order." 

Brother  Potter  made  an  offer  to  carry  every  mans  grist  from 
their  bowses  to  the  mill  &  bring  it  home  againe  to  their 
bowses  for  2'^  ^  bushcll,  but  that  was  respited. 

It  was  propowndcd  by  Mr.  Malbon  that  our  pasto's  lott  may 
be  fenced  at  a  common  chardge,  &  for  his  part  he  would  cart 
all  the  stuffe ;  it  was  gennerally  approued,  the  governour  de- 
sired all  those  that  could  and  were  willing  to  helpe,  that  they 
would  repaire  to  Mr.  Malbon  &  he  would  direct  and  order  the 
worke. ' 

It  was  ordred  that  Mr.  Pearce  in  respect  of  some  weaknes 
of  boddy  &  some  service  he  is  appoynted  to  doe  in  giveing 
out  and  laying  vpp  the  pyks  from  time  to  time,  shal  be  freed 
from  trayning  &  watching  also  in  his  owne  person,  only  he  is 
to  find  a  man  to  watch  for  him  at  his  owne  chardge. 

The  comitee  that  viewed  brother  Seelys  meddow  reported 
that  for  the  present  some  of  it  is  vnvsefull,  l)ut  conceive  w^h 
chardg  it  may  bee  improved. 

It  was  ordered  that  Phillip  Leake  shall  have  land  layd  out 
according  to  his  proportion,  on  the  east  side  among  the  small 
lotts  and  that  then  the  land  shalbe  layd  out  in  such  a  forme  as 
may  be  vsefull  for  them  and  may  also  suite  the  townes  con- 
veyniencye. 

Brother  Browne  desired  he  might  have  3  acres  of  land  out 
of  Mr.  Brownings  proportion  in  the  Oystershell  fcild,  Mr. 
Browning  beinge  willing,  it  was  reffered  to  the  commitee  to 
order  as  they  shall  se  cause. 

It  was  ordered  that  bro:  Preston  shall  keepe  the  pownd  in- 
stead of  bro :  Kimberly. 


184  NEW   HAVEN   COLONY  RECORDS.  [1645 

Because  the  court  could  not  now  determine  any  thing  con- 
cerning fences,  &  Cap'  Turner  may  probably  be  gone  before 
another  court,  he  desired  the  court  to  take  notice  that  he  hath 
had  much  damadge  done  both  in  his  corne  &  meddowes  by 
reason  of  those  that  drive  hoggs  that  way  &  have  noe  land 
there  &  the  leaveing  open  a  gate  w^h  Dauid  At  water  should 
mayntayne,  he  complayned  also  that  some  drive  their  oxen  & 
dry  catle  towards  his  farme  soe  that  his  cowes  want  food. 


[113]         A  [  ] 

Richard  Beech  hath  sould  his  owne  bowse  to  bro:  W"' 
Pecke  &  whereas  the  said  howse  was  sugadged  for  the  securitye 
of  the  portions  of  the  children  of  Andrew  Hull,  (whose  widdow 
he  marryed,)  in  liew  thereof  he  hath  now  ingadged  his  howse, 
barne,  cellar  &  well,  vallewed  at  40^  wUi  the  7  acres  of  land 
on  w^h  it  stands,  the  howse,  barne  &  celler  being  compleatly 
finished  being  built  w'h  bricke  &  stonne  as  he  promiseth  &  so 
kept  in  repaire  &  the  land  in  hart  for  securitye  of  the  portions 
of  the  said  children. 

The  difference  betwixt  W™  Burret  of  Copeage  &  Henry 
Whelpley  of  the  same,  (because  they  were  deffective  in  poynt 
of  proofe  on  both  parts,)  was  refferred  by  consent  of  both  par- 
tyes  to  Goodm'^  Groues,  John  Hurd,  Goodman  Judson  and 
Goodm"  Shirman  to  arbitrate  &  end  if  they  can,  if  they  can- 
not Alexander  Knowles  was  chosen  by  them  both  to  umpire  it. 

Georg  Warde  haveing  bin  twice  warned  to  the  court  but 
appeared  not,  now  appearing,  for  his  contempt  was  fined  10% 
and  was  chardged  wUi  slandering  Mr.  Davenport,  saying  that 
Mr.  Davenport  told  him  that  he  had  not  any  hand  in  the  trade 
of  Delaware,  wheras  Mr.  Davenport  said  he  did  not  medle  w'h 
the  mannadging  of  any  trade,  as  was  testified  by  some  of  the 
court  that  heard  him. 

He  pleaded  that  he  apprehended  Mr.  Dauenport  had  denyed 
that  he  had  any  thing  to  doe  in  the  trade,  being  asked  why  he 
would  not  goe  to  Mr.  Davenport  or  some  other  that  could 
satisfie  him  before  he  did  slander  him  in  other  plantations,  he 
answered  he  did  not  intend 'to  slander  him.   The  slander  being 


1645]  NEW    HAVEN    COLONY   RECORDS.  185 

of  see  high  a  nature  cousidGi-ing  the  person  slandered  that  the 
court  thought  it  meete  to  reffcr  it  to  the  court  of  magistrats 
to  be  hckl  in  Aprill  next  &  therfore  let  him  know  that  he 
must  appeare  at  that  court  and  answcre  the  said  slander. 

Mr.  Rotherford  to  Mr.  Malbon  all  his  land  in  the  necke. 

Mrs.  Eaton  hath  sould  to  Mr.  Pery  all  her  land  &  propriety 
in  this  towne  w'li  all  accomodations  whatsoever  therevnto  Le- 
longinge. 

Wheras  the  estate  of  Thomas  Trowbridge  hath  bin  attatched 
to  satisfie  his  creditors,  Mr.  Evance  offered  100^  for  the  howse 
and  howselott  w^h  al  the  accomodations  therevnto  bclonginge, 
it  was  debated  but  not  issued. 


A  Generall  Court  held  the  23''  of  February,  1G45. 

The  governour  declared  to  the  court  that  the  commitee  had 
now  audited  all  the  towes  accompts,  (from  the  begining  til 
October  last,)  and  find  them  right,  only  they  arc  not  satisfied 
about  the  chardge  of  the  seates  in  the  meeting  howse,  soe  that 
if  that  worke  bee  not  cleared  to  the  auditor's  some  other  work- 
men must  judge  Avhat  the  worke  is  worth,  and  that  the  towne 
is  yet  indebted  soe  that  probably  there  wilbe  needc  of  a  new 
rate,  but  that's  respited. 

Alsoe  that  the  orders  have  bin  veiwed  &  they  conceive  that 
the  fees  of  the  court  had  neede  to  be  increased,  viz"',  that  the 
marshall  receive  for  every  warrant  8'',  and  for  every  atatchmt 
Is  before  he  execute  them,  and  to  have  ^  part  thereof  for  his 
paynes  therin  &  for  gathering  the  fines  due  to  the  court,  and 
the  rest  to  be  accompted  vppon  his  wages  to  the  treasurer,  also 
that  3s  4''  be  hereafter  payd  for  every  action  that  is  entred, 
and  2^  for  every  alienation,  both  to  the  treasurer  for  the  ease 
of  publicque  chardge. 

It  was  ordered  that  those  who  are  admitted  freely  as  planters 
into  howselotts  shall  have  planting  land  sixe  acres  for  a  single 
person,  eight  acres  for  a  man  and  his  wife  &  one  acre  added 
for  each  child  at  present,  &  shall  pay  2''  an  acre  from  October 
last  for  all  their  lands  in  the  playnes  &  beyond  the  east  river, 
and  that  such  as  are  admited  ]jlanters  in  the  towne,  l)ut  either 
24 


186  NEW   HAVEN   COLONY   EECOEDS.  [1645 

desire  noe  land,  or  accept  not  what  is  allotted  shall  pay  1*  a 
yeare  a  peece  towards  publicque  chardges.  The  land  which 
shalbe  layd  out  to  them  to  be  either  at  the  further  end  of  the 
great  playnes,  soe  farr  as  the  land  w^hin  the  fence  wil  reach,  & 
the  rest  onn  the  east  side,  so  as  may  be  most  conveynient  for 
them  &  not  prejudicial!  to  [the         ^         &  they,] 

[114]* 

[  ]e  towne  and  enjoy  [ 

]  Mr.  Godfrey,  and  Stolion,  it  was 
ordered  that  Mr.  Leach  shall  pay  40^  ¥  ann,  Mr.  Godfrey  20^ 
¥  an,  and  Mrs.  Stolion  20^  ¥  an,  from  the  latter  end  of  Octo- 
ber last  past  towards  publique  chardges. 

It  was  propownded  to  be  considered  whether  those  that  have 
bought  bowses  &  have  noe  land  should  not  have  some  land 
layd  to  them  as  the  rest  of  the  small  lotts  have,  but  it  was 
respited. 

It  was  desired  that  men  would  be  moderate  in  keepeing 
cowes  &  hoggs  least  the  court  be  constrayned  to  lay  some 
restraynt  vppon  them. 

It  was  ordered  that  if  any  man  (after  this  day  month)  shall 
find  any  hoggs  vnyoaked  &  vnringed,  either  in  any  corne  feilds 
or  meddowes  belonging  to  the  towne  and  designed  for  mens 
proprietyes  though  not  layd  out,  he  shall  vppon  due  proofe  in 
court  receive  of  the  owner  G-^  a  peece,  &  the  keeper  of  the 
pownd  is  to  have  1*^  a  head  more  if  they  be  brought  to  the 
pownd,  &  the  owner  is  besides  to  make  good  all  the  damadge 
done  by  them. 

It  was  ordered  that  the  old  orders  shall  stand  in  force  con- 
cerninge  fences,  and  the  veiwers  be  continued  as  before. 

It  was  ordered  that  brother  Wackman  and  brother  Gibbard 
shall  goe  \f^h  brother  Brocket  to  se  the  lott  belonging  to 
Thomas  Fugill  at  the  West  rocks  measured  &  surveyed  & 
report  to  the  court  what  distance  it  is  from  the  center  &  what 
quantitye  of  land  there  is. 

It  was  ordered  that  bro.  Atwater,  the  treasurer,  bro:  An- 
drewes  &  brother  Munson  shall  prize  the  frame  that  was  pro- 
vided for  an  inne,  (&  w4i  the  approbation  of  the  govern'',)  sell 

*  About  two  lines  are  torn  from  the  top  of  this  page. 


1645]  NEW   HAVEN   COLONY  RECORDS.  187 

it  or  dispose  of  it  as  they  can  for  the  townes  best  advaiitadge 
to  bro :  Francis  Newman  or  otliers  wh  may  have  occasion  to 
vse  the  whole  or  part  of  it. 

It  was  ordered  that  if  any  goats  shalbe  fownd  in  any  street, 
way  or  lott,  in  or  about  the  towne  w^hont  a  keeper,  the  owner 
shall  pay  6'^  a  head  to  him  that  pownds  them,  halfe  whereof 
he  is  to  have  for  his  paynes  &  a  1''  a  head  to  the  keeper  of  the 
pownd  ;  if  he  himselfe  pownd  them  he  is  to  have  4''  apeece,  the 
other  3^^  a  peece  is  to  bee  paid  to  the  treasurer. 

It  was  by  the  Governo'"  propownded  alsoe,  whether  the  dep- 
uties may  be  chosen  once  a  yeare  as  the  magistrates  and  other 
officers  arc,  and  that  the  treasurer  may  allwayes  be  a  deputy 
to  sit  in  court  to  see  to  the  gathering  of  fines  and  fees,  w^^h  was 
respited. 

Also  whether  the  millitary  affayres  of  the  towne  may  be 
comfortably  carry ed  on  wUiout  a  captayne,  or  whether  it  were 
not  conveynient  to  chuse  a  captayne  instead  of  Captayne 
Turner,  not  knowing  when  he  will  returne :  after  some  debate, 
Mr.  Malbon  was  chosen  captayne  w^li  liberty  to  resign  his 
place  to  captayne  Turner  at  his  returne. 

It  was  ordered  that  dayes  of  gennerall  traynings  shalbe  the 
first  2^  day  in  March,  Aprill,  May,  June,  August,  September, 
October  &  November,  w^h  proviso  if  there  be  cause  in  respect 
of  harvest  or  vnseasonable  weather  the  magistrates  w^h  the 
cheife  military  officers  may  alter  or  change  a  day  as  they  judge 
meete  for  the  publicque  good,  and  if  any  second  day  appoynted 
for  traynings  prove  wett  &  soe  hinder  the  service,  the  next 
second  day  being  faire  shalbe  a  trayning  day. 

It  was  ordered  that  the  squadron  traynings  shalbe  as  neare 
as  may  be  about  the  midle  betwixt  the  2  gennerall  traynings 
every  month. 

It  was  ordered  that  the  next  2^  day  shalbe  a  gennerall  view 
of  armes,  and  soe  once  a  quarter  as  was  formerly  ordered. 

It  was  ordered  that  the  artillery  shall  goe  on  according  to 
their  owne  orders  formerly  read  in  court  &  approued. 

It  was  propownded  that  all  the  fines  for  absence  &  late  com- 
minge  to  the  genn''  traynings  and  squadrons  &c  shalbe  allowed 
the  military  company  to  bee  disposed  of  by  the  officers  in  pow- 


188  NEW    HAVEN    COLONY   RECORDS.  [1645 

der  or  otherwise  for  the  incouradgement  &  helpe  of  military 
service  &  discipline. 

It  was  propownded  that  those  of  the  trayned  band  who  are 
growne  to  some  good  measure  of  skill  and  dexterity  in  the 
military  art  might  have  some  incouradgement  by  ease  or  lib- 
erty, but  respited. 

It  was  ordered  that  brother  Browne  shalbe  left  to  his  liberty 
to  come  to  the  gennerall  traynings  as  the  occassions  of  the  ferry 
(his  man  being  lame  &  not  able  to  carry  on  that  service  at  all 
times)  will  permit. 

[115]  II  It  was  ordered  that  3  acres  of  land  in  the  Oystershell 
feild,  out  of  Mr,  Brownings  part  shalbe  layd  to  the  ferry  w^hout 
rent  dureing  the  courts  pleasure  &  that  Mr.  Browning  shall 
have  just  consideracon  allowed  for  it  out  of  his  rent  dew  to  the 
towne  for  the  rest. 

It  was  propownded  that  a  bridge  may  be  made  over  the  east 
river  in  the  way  to  Connecticott. 

Bro:  Andrewes,  brother  Munson,  brother  Bradley,  Richard 
Mansfeild  wt^h  John  Thomas  are  appoynted  to  view  the  said 
river  &  consider  in  what  place  &  how  w^h  the  least  chardge 
it  may  be  most  conveynient  <fe  commodious  to  suite  the  end 
propownded  &  report  to  the  governour  &,  magistrates  what 
their  apprehensions  are  concerninge  it 

Forasmuch  as  much  damadge  hath  come  to  the  quarters 
adjoyninge  to  the  Oystershelfeild  by  some  mens  lots  being 
vnfenced,  as  namely  W™  Payne  &  W^  Blayden,  the  courts 
called  vppon  them  to  gett  their  lotts  fenced  &  gave  them  leaue 
to  take  some  of  the  trees  on  the  common  w^h  the  taunts  have 
felled  for  barke,  but  in  the  meane  time  they  are  to  pay  for  all 
damadge  W-h  comes  by  their  default. 

It  was  propownded  whether  the  towne  or  those  that  live  ])y 
the  seaside  shall  mayntayne  the  high-way  before  their  lotts. 
The  surveyors  of  high-wayes  were  desired  to  view  it  &  also 
the  wattercourse  in  the  streat  by  Mr.  Gilberts,  &  report  to  the 
court  liow  they  find  them. 

It  was  ordered  that  brother  Brockett  shall  survey  the  med- 
dow  betwixt  the  two  rocks  onn  the  farr  side  of  the  harbour  to 


[1645  NEW  HAVEN  COLONY  RECORDS.  189 

see  if  it  will  accomodate  brother  Seely  &  brother  Whitiiell,l)oth 
whose  meddow  is  soe  bad  as  not  to  be  improved  w'h  any  toller- 
able  cliardg  for  their  advantadge,  and  report  what  quantity 
there  is  of  it  that  the  court  may  consider  &  order  therein. 

Joseph  Pecke  &  Goodman  Hitchcocke  propownded  that  they 
might  have  each  of  them  a  small  lott  by  the  creeke  neare 
brother  Pecks  yard.  Bro:  Crayne  &bro:  Myles  are  desired 
to  view  and  report  to  the  court  if  it  may  accomodate  them  & 
suite  the  townes  conveyniency. 

Mr.  Evance  haveing  aggreed  w'^h  refference  to  the  creditors 
for  Mr.  Trowbridg  his  howse,  desired  the  court  to  grant  him 
the  cellar  belonginge  to  it  to  build  a  warehowse  vppo  it,  it  was 
granted,  provided  that  the  ware  howse  exceede  not  20  foot 
square. 

It  was  propownded  that  Mr.  Davenports  may  be  fenced  as 
speedily  as  may  be,  &  for  that  end  it  was  desired  the  next 
trayning  day  every  quarter  may  be  spoken  w'^h  to  know  what 
euery  man  will  doe,  and  that  they  would  appoynt  a  time  for 
the  speedy  carrying  on  of  the  worke. 

The  court  wUi  elder  Newman  &  the  two  deacons  are  desired 
to  place  men  in  the  meeting  howse. 

It  was  ordered  that  the  last  yeares  orders  concerning  the 
Necke  shall  still  stand  in  force  vnder  the  penaltie  as  then 
appoynted. 

Brother  Livermore  hath  liberty  granted  to  cut  wood  in  the 
necke,  but  was  desired  to  advise  w^h  such  as  can  informe  him 
how  he  may  so  cut  it  as  to  cause  it  to  dye. 

The  treasurer  acquaynted  the  court  that  the  last  rates  are 
disposed  of,  &  yet  the  treasury  is  emptie  and  indebted,  desire- 
ing  the  court  to  consider  how  it  might  bee  supplyed  to  suite 
the  present  occassions  of  the  towne,  where vppon  those  that  are 
indebted  were  desired  to  make  payment  forthwith,  least  they 
be  warned  to  the  court  &  soe  bring  further  dammadge  vppon 
themselues. 

The  peece  of  grownd  brother  Mitchell  propownded  for,  is 
refferred  to  bro  :  Miles  and  brother  Davis  to  view,  and  informe 
the  court  whether  such  an  addition  to  him  may  not  hinder 
some  other  planter  who  might  have  his  proportion  there. 


190  NEW   HAVEN   COLONY  RECORDS.  [1645 

Goodman  Plat  desired  that  his  second  devission  may  be  layd 
out  &  if  it  might  be  he  would  have  it  beyond  Mr,  Malbons 
meddow  by  the  sea  side,  it  was  ordered  that  the  survay  may 
goe  on  that  he  w^h  others  may  have  their  land  as  it  fals. 


NEW   HAVEN   COLONY  RECOKDS.  191 


[Here  follows  the  revision  of  such  orders  as  were  designed  to  be  of  a  more  perma- 
nent nature,  which  the  General  Court,  Feb.  24, 1644-5,  beginning  to  lose  confidence  m 
Fugill's  integrity,  appointed  a  committee  to  see  effected.] 


[116]  In  the  layinge  of  the  first  fowndations  of  this  planta- 
tion and  jurisdiction,  vpon  a  full  debate  w^h  due  &  serious 
consideration,  it  was  aggreed,  concluded  &  setled  as  a  funda- 
mentall  law,  not  to  bee  disputed  or  questioned  hereafter,  that 
the  judiciall  lawes  of  God,  as  they  were  deliuered  by  Moses, 
&  expownded  in  other  parts  of  scripture,  so  farr  as  they  are  a 
fence  to  the  morrall  law,  &  neither  tipicall,  nor  ceremoniall, 
nor  had  refference  to  Canaan  slialbe  accounted  of  morrall  & 
binding  equity  and  force,  and  as  God  shall  helpe  shalbe  a  con- 
stant direction  for  all  proceedings  here,  &  a  gennerall  rule  in 
all  courts  of  Justice  how  to  judge  betwixt  partie  and  partie, 
&  how  to  punish  offenders,  till  the  same  may  be  branched  out 
into  perticulers  hereafter. 

And  for  the  due  carrying  on  of  all  affaires  according  to 
God,  it  is  also  agreed,  concluded  &  setled  for  a  fundamentall 
law  as  aforesaid,  that  noe  man  of  what  degree  or  quality  soever 
shall  at  any  time  ha  admitted  to  be  a  free  burgess  w'liin  this 
plantation,  but  such  planters  as  are  members  of  some  or  other 
of  the  aproved  churches  of  New-England,  nor  shall  any  but 
such  free  burgesses  have  any  vote  in  any  election,  nor  shall 
any  power  or  trust  in  &  for  the  ordering  of  any  publicque  civill 
affaires,  be  at  any  time  put  into  the  hands  of  any  other  then 
such  members,  though  as  free  planters  all  have  right  to  their 
inheritances  &  to  coiherce,  according  to  such  grants,  orders  & 
lawes  as  shalbe  made  concerning  the  same. 

All  free  burgesses  w'hin  this  plantation,  admitted  as  before  is 
expressed  shall  have  vote  in  every  gennerall  election  court  for 
this  jurisdiction,  in  the  choyce  of  all  magistrates  for  the  juris- 
diction, wliether  governour,  deputy  governour  or  other  magis- 
trates, wUi  a  treasurer,  secretarie  &  marshall,  who  shalbe 
yearly  chosen  on  the  last  Wenseday  in  October ;  they  shall 
also  have  vote  in  the  chojse  of  deputies  for  the  jurisdiction 
generall  court  so  oft  as  it  shall  assemble,  whether  in  an  ordy- 
nary  course  or  vppon  extraordynary  occassions,  &  in  the  elec- 
tion of  other  officers  for  the  plantation,  as  in  the  choise  of  fit 
and  able  men  from  among  themselues,  being  church  members, 
who  shalbe  called  deputies,  &  shall  asist  w'h  the  magistrates 
of  this  plantation  in  a  monthly  plantation  court,  w^h  is  to  sit 
every  first  Tewsday  each  month  at  nine  of  the  clocke  in  the 


192  NEW   HAVEN   COLONY   RECORDS. 

foreiiooiie,  to  heare  &  determine  all  causes  brought  before 
them,  whether  civill  or  criminall,  according  to  the  light  of 
scripture  as  before  exprest,  but  this  plantation  court  to  bee 
regulated  in  the  vallew  of  causes  &  nature  of  the  punishm*® 
to  the  orders  w^h  are  or  shall  be  made  by  the  generall  juris- 
diction court,  &  in  all  these  plantation  courts,  sentence  shall 
passe  according  to  the  vote  of  the  major  part  of  magistrats  & 
deputies  present,  but  if  the  parties  or  either  of  them  be  not 
satisfied  w^li  the  justice  of  any  such  sentences  or  executions, 
appeales  or  complaynts  may  be  made  from  or  agajnst  these 
monthly  perticuler  courts  to  the  court  of  magistrates  for  the 
jurisdiction,  according  to  the  generall  courts  order  in  October 
1643.  They  shall  also  from  among  themselves  choose  all  mil- 
litary  officers  for  this  plantation,  as  captayne,  leiutenant, 
ensigne,  Serjeants,  corporalls  &g.  and  make  lawes  &  orders  for 
generall  traynings,  artillery  exercises,  squadron  traynings, 
veiw  of  armes,  watchings,  comming  armed  to  publicque  meete- 
ings,  deviding  of  inheritances  in  this  plantation,  purchaseing 
lands  of  the  Indians,  ordering  of  fences,  stinteing  of  comons, 
ordering  and  keepeing  of  cattle,  preventinge  dangers  by  fire  or 
water,  &  gennerally  in  althings  w^h  only  concerne  this  planta- 
tion, &  are  not  contrary  vnto  either  to  the  fowndation  before- 
said,  or  to  some  artickles  in  the  confoederation  w^h  the  collo- 
njes,  or  law  or  orders  of  the  jurisdiction  generall  court. 

It  is  ordered  that  every  planter  give  in  the  names  or  numljer 
of  the  heads  or  persons  in  his  famylye  (wherin  his  wife  together 
w^h  himselfe  &  children  only  are  to  be  reckoned,)  w'h  an 
estimate  of  his  estate,  according  to  w^h  he  will  both  pay  his 
proportion  in  all  rates  &  publique  chardges,  from  time  to  time 
to  be  assessed  for  civill  vses,  &  expect  lands  in  all  devissioiis 
w^h  shalbe  generally  made  to  the  planters,  w^h  was  accord- 
ingly don. 

Vppon  due  &  serious  consideration  how  the  severall  plant- 
ers, according  to  their  different  cstats  and  famylies,  at  present 
might  be  accomodated  w^h  grownd,  both  vpland  and  meddow, 
it  is  ordered  that  in  the  first  devission,  w^h  is  to  be  made  of 
vpland  w'hin  two  miles  of  the  towne  (a  place  called  the  Necke 
Ijeing  all  or  the  greatest  part  wt^hin  2  mile  not  reckoned,)  euery 
planter  shall  have,  after  the  rate  of  five  acres  of  land  for  euery 
hundred  pownds  in  estate  &  for  euery  person  or  head  in  his 
famylye  reckonned  as  before,  two  acres  &  a  halfe  of  land  &  fur- 
ther that  every  planter  shall  have  in  the  necke  afforesaid  after 
the  rate  of  one  100'  in  estate,  &  halfe  an  acre  for  every  person, 
&  the  meddow  belonging  to  the  towne  being  duely  considered 
&  estimated  it  is  ordered  that  euery  planter  shall  have  after 
the  rate  of  five  acres  for  every  100'  in  estate,  &  halfe  an  acre 


NEW  HAVEN  COLONY  RECORDS.  193 

of  meddow  for  every  person,  &  in  the  second  devission  of 
vpland  lying  w^hoiit  &  beyond  the  two  miles  from  the  towne, 
it  is  ordered  that  [evert/  planter  shall  have^  after  the  rate  of 
twenty  acres  for  every  100^  in  estate  and  \^for  every  head  two 
acres  and  a  halfe~\ 

[  ]  expended  in  the  first  veiw  of  tliis 

towne  [  ]  lands  from  the 

Indians  [* 

[117]  II  for  euery  lOO^  w^h  yet  falling  short  to  defray  neces- 
sarie  <t  publique  chardges,  a  rate  of  200^  was  granted  <fe  levied 
vppon  the  planters,  halfe  vppon  estates,  w^h  came  vnto  5^  10^^ 
F  100',  c%  halfe  vppon  land  in  the  first  devission  in  the  necke  & 
meddow,  w^h  came  vnto  about  41^^  ^  acre. 

For  that  publique  occassions  require  a  publique  stocke  or 
treasurie,  for  the  rajseing  &  majntayning  of  such  a  stocke, 
vppon  serious  consideration  &  debate,  it  is  agreed  &  ordered 
that  every  planter,  who  as  before  receiveth  &  holdeth  land 
from  the  towne,  shall  pay  a  yearely  rate  to  the  towne  towards 
publique  chardges,  namely  for  every  acre  w^hin  the  first  devis- 
sion &  in  the  necke,  &  for  all  meddow  4*^  an  acre,  and  for  all 
land  wt^hin  the  second  devission,  2A  an  acre ;  w«=li  rates  are  to 
be  paid  in  equall  portions,  the  one  halfe  at  or  before  the 
last  day  of  Aprill,  and  the  other  halfe  at  or  before  the  last 
day  of  October  yearly,  (besides  what  may  be  assessed  vppon 
extraordjnary  occasions,)  to  the  treasurer  in  such  manner  & 
vnder  such  penaltyes  as  this  court  shall  appojnt,  which  treas- 
urer shall  also  pay  out  all  due  <fe  necessary  publique  chardges 
as  shalbe  ordered,  &  of  all  his  receipts  &,  payments  he  shall 
give  a  true  &  just  account  to  this  court,  or  to  such  audito''s  as 
they  shall  appoynt  yearly,  or  oftner  if  it  be  required,  &  shall 
also  pay  &  deliver  vpp  vnto  the  suceeding  treasurer,  or  vnto 
whomsoever  this  court  shall  appoynt,  all  such  writtings,  books 
of  accounts,  monny,  goods  or  estate  of  what  kind  soever,  due 
to  the  towne  vppon  such  reasonable  warning  as  this  court  shall 
judge  meete. 

Heere  should  have  bin  inserted  the  planters  names,  estates, 
numbers  in  their  famjljes,  w^^h  their  severall  proportions  of 
vpland  &  meddow  in  each  devission,  wUi  the  rates  they  are  to 
pay,  but  the  treasurer  having  it,  it  was  here  omitted  <fe  thither 
reffered.f 

*  A  line  or  two  worn  off. 

t  The  book  to  which  reference  is  here  made  is  still  extant  in  very  good  preserva- 
tion, and  in  the  hands  of  Hem-y  White,  Esq.  It  is  a  parchment  covered  volume,  in 
size  7*  by  6r  inches,  of  originally  about  ninety  leaves;  a  few  have  been  subsequently 
added.  Upon  its  cover  it  bears  the  following  title,  now  nearly  illegible ;  "  A  Booke  of 
all  the  landes  w^h  Planters  at  first  or  by  allienations  since  possesse  wthin  New  Haven 

25 


194  NEW   HAVEN   COLONY  RECOEDS. 

It  is  agreed  &  ordered,  that  Mr.  Davenports  quarter,  Mr. 
Batons,  Mr.  Rol^ert  Newmans  &  Mr.  Tenches  quarters  shall 
have  their  first  devissions  of  vpland  to  begin  at  the  east  side  of 
the  towne  towards  the  sea,  (after  that  certayne  small  lotts  are 
layd  out,  &  a  feild  about  40  acres  called  the  Oystershelfeild, 
left  to  the  townes  dispose,)  &  so  goe  on  by  the  Mill  river,  takeing 
in  all  the  land  as  it  fals,  (highwayes  exepted)  to  the  2  miles 
end,  till  compassing  about  they  come  vnto  a  common  w<=h  is  to 
be  left  for  a  cow  pasture  onn  the  east  side  of  a  certayne  fresh 
medows  called  the  Beaver  ponds,  &  that  the  said  4  quarters, 
w^h  Mr.  Evance  his  quarter  shall  have  their  meddow  by  lott, 
(some  pticular  psons  hereafter  named  excepted,)  on  both 
sides  the  river  called  Quillipiocke  or  the  great  river,  hegining 
with  meddow  next  the  great  rock  8f  soe  on  to  seaivard  are 
called  the  east  meddowes,  only  some  of  the  smaller  lotts 
w'hin  the  said  5  quarfs,  by  their  owne  consent,  are  to  have 
their  proportions  on  the  east  side  of  the  Mill  river,  begining 
at  the  meddow  next  the  great  rocke  &  so  on  to  seaward,  & 
on  an  island  in  the  great  river  before  named,  by  lott  as 
they  shall  fall  in  order ;  only  in  the  Mill  river,  he  that  should 
fall  last,  not  haveing  his  full  proportion,  may  leave  it  to  the 
towne  &  take  his  ful  share  in  the  said  island.  And  island 
is  also  to  be  layd  out  by  lott  from  the  south  end  vp  the  east 
side  &  so  rownd  downe  the  west  side  in  order,  &  the  lotts  being 
cast,  the  names  &  order  followeth, 

1.  John  Benham,  10.  Eobert  Hill, 

2.  Mr.  Cheevers,  11.  Jarvis  Boykin, 

3.  Tho"^  Powell,  12.  Andrew  Low, 

4.  Abrah'"  Bell,  13.  John  Cooper, 

5.  William  Andrewes,  14.  W'"  Tharpe, 

6.  Richard  Beckley,  15.  Mrs.  Eaton, 

7.  Widdow  Greene,  16.  Mr.  Peirce, 

8.  Widdow  Williams,  17.  Tho™  Yale. 

9.  Thomas  Kimberley, 

Thomas  Fugill  who  hath  one  of  the  foresaid  smaller  lotts,  by 
consent  &  order  is  to  have  the  island  in  the  Mill  river  below 
the  bridg  for  his  pportion  of  meddow,  w^h  is  6  acres,  &  to  have 
his  vpland  for  his  second  devission  of  that  cleare  land  by  the 
West  rocke,  provided  it  be  neither  w'^hin  the  2  mile  nor  granted 
by  the  court  to  any  other, 

Towne.  Began  by  E.  P.  Secretarie,  1645 — Also  it  conteyneth  the  somes  due  from 
men  to  ye  Treasurer,  according  to  ye  rate  of  4d  per  acre  first  devision  and  meddow, 
and  2cl  per  acre  for  the  second  devission  throughout  the  Towne — Anno  Dom.  1646." 
Very  few  entries  appear  to  have  been  made  in  it  after  1652.  Each  man  is  made 
debtor  to  the  number  of  acres  held  by  him  in  each  division  at  the  rate  he  was  to  pay 
for  it  per  annum,  and  credited  on  the  other  side  for  what  he  sold. 


NEW   HAVEN   COLONY  RECORDS.  195 

It  is  ordered  that  Mr.  Lambertons  quarter,  the  subburbs,  Mr. 
Gregsons  quarter,  Mr.  Fowlers  quarter  &  Mr.  Evance  quarter, 
begin  to  take  their  first  devission  of  vpland  at  a  place  called 
Oyster  poynte,  on  the  south  part  of  the  towne  &  west  part  of 
the  harbour,  and  so  goe  rownd  in  order,  takeing  in  all  the 
land  as  it  falls,  (highwayes  excepted)  to  the  2  mile  end,  till 
compasseing  about  they  have  their  full  proportion,  leaveing  the 
rest  on  the  west  side  of  the  Beaver  pownds  as  a  common  for 
an  oxe  pasture,  and  the  way  to  both  these  to  lye,  both  for  ox 
pasture  &  cow  pasture,  at  the  norwest  part  of  the  towne,  from 
the  streat  where  Mr.  Evance  his  howse  is.  And  Mr.  Lamber- 
tons quarter,  ye  subburbs,  and  Mr.  Gregsons  quarter,  w^li  Mr. 
Fowlers,  shall  have  tlieir  meddow  in  the  west  meddow,  in  a 
meddow  called  Mr.  Malbons  meddow,  and  on  the  Indian  side 
below,  or  to  the  seaward  of  those  meddowes  appoynted  for  the 

5  quarters  as  before,  and  yet  more  to  the  seaward  in  the  med- 
dow called  the  solitary  cove. 

It  is  granted  &  ordered  that  Mr.  Eaton  shall  have  50  acres 
of  his  meddow  on  the  east  side  of  the  harbour  neere  the  way 
to  Totoket,  w'h  a  proportion  of  vpland  for  a  farme,  and  the 
rest  of  his  meddow  at  his  owne  choyse  in  the  east  meddowes, 
w4i  the  remajnder  of  his  vpland  for  the  second  devission  allong 
the  river  by  the  brick  kils,  adjoyninge  to  such  part  of  his  med- 
dow as  he  will  improve  for  another  farme  w'h  the  best  con- 
vejniencye  the  place  can  afford,  only  whereas  a  small  peece  of 
meddow  on  the  west  side  of  the  Mill  river  adjoyneth  to  the 
vpland  of  his  first  devission,  it  is  to  be  lajd  [ 

as  part]  of  [his]  proportion  &  so  the  m  [ed]  dow 
[118]  II  that  adjoyneth  to  any  mans  vpland  vppon  the  west 
side  of  the  said  river. 

It  is  ordered  that  Mr.  Davenport,  pastour  of  the  church, 
shall  have  his  meddow  &  the  vj^land  for  his  second  devission 
both  together,  on  the  east  side  of  the  great  river,  where  him- 
selfe  shall  choose,  w^h  all  the  conveniency  the  place  can  afford 
for  a  farme,  though  by  the  naturall  bownds  of  the  place, 
whether  by  creeks  or  otherwise,  the  vpland  or  meddow  prove 
more  then  his  proportion. 

It  is  ordred  that  Captayne  Turner  shall  have  his  meddow 

6  vpland  of  his  second  devission  vpon  the  west  side  of  the  great 
river,  where  himselfe  shall  choose  for  his  best  convejniencye, 
that  he  may  the  better  atend  the  publique  service  in  his  mili- 
tary office. 

It  is  ordered  that  Mr.  Eobert  Newman  and  Mr.  Mathew 
Gilbert  the  i)resent  deacons  shall  have  their  meddow  and  their 
vpland  for  their  second  devission,  vpon  the  west  side  of  the 
great  river  where  themselues  shall  judg  most  convejnient  for 


196  NEW  HAVEN  COLONY  RECORDS. 

farmes  neere  the  towiie,  that  they  may  the  better  ateiid  their 
office. 

It  is  ordered  that  the  small  lotts  in  those  5  quarters  before 
named,  who  have  their  meddow  on  the  east  side  of  the  mill 
river,  shall  have  their  second  devission  of  vpland  at  the  vtmost 
end  of  the  first  devission  of  Mr.  Evances  quarter,  by  some  called 
the  Yorkshire  quarter,  w'hout  the  2  miles,  beyond  the  west 
river,  by  lott.     And  that  the  rest  of  the  plant's  in  the  said  5 
quarters  shall  have  their  meddow  by  lott,  begining  at  the  east 
side  of  the  necke,  on  the  west  side  of  the  great  river,  and  so 
goe  on  in  order  to  Mr.  Batons  farme  at  the  brick  kills,  and 
then  to  beginne  at  the  north  side  of  Mr.  Davenports  farme  on 
the  east  side  of  the  river,  and  goe  on  to  the  vpper  end,  only 
whosoever  by  lott  falls  next  any  of  the  farmes  before  granted 
&  setled,  if  he  want  any  part  of  his  due  pportion  when  he 
Cometh  to  such  a  farme  or  grant,  he  is  to  take  the  rest  where 
it  next  falls,  though  on  the  other  side  of  the  river.     And  such 
as  by  lott  shall  have  their  meddow  to  the  seaward  of  Captayne 
Tumi's  farme,  shall  have  the  vpland  adjoyninge,  towards  their 
second  devission,  but  if  it  fall  short  of  their  proportion  they 
shall  have  the  rest  by  lott  among  the  small  lotts,  w^hout  the 
2  mile  beyond  the  west  river  at  the  end  of  Mr.  Evances  quar- 
ter.    And  the  rest,  whose  meddowes  falls  to  the  northwards  of 
Captayne  Turners  farme,  shall  have  the  vpland  for  their  second 
devission  betwixt  the  great  river  and  the  Mill  River,  lying  as 
neare  their  meddow  as  may  l)ee,  w^h  refference  to  the  former 
grants,  and  their  neighbours  convejniencye. 

Here  followes  the  order  wherin  the  planters  fell  by  lott  in 
the  east  meddowes. 


1.  Mrs.  Higginson, 

15.  David  Yale, 

2.  Mr.  Atwater, 

16.  Mr.  Fr.  Brewster, 

3.  Mr.  Pococke, 

17.  Jeremy  Dixon, 

4.  Thomas  Nash, 

18.  John  Johnson, 

5.  Jasper  Crayne, 

19.  Mr.  Mayers, 

6.  Mr.  Evance, 

20.  An  elders  lott, 

7.  John  Ponderson, 

21.  Mr.  Owen  Roe, 

8.  Mr.  Lucas, 

22.  Mr.  Dermer, 

9.  Thomas  Fugill, 

23.  John  Chapman, 

10.  Edw.  Wigglesworth, 

24.  Mr.  Fr.  Newman, 

11.  Richard  Pery, 

25.  Mr.  Malbon, 

12.  Mrs.  Constable, 

26.  Mrs.  Eldred, 

13.  Mr.  Brunwin, 

27.  Mr.  Sam:  Eaton, 

14.  Mr.  Marshall, 

28.  Mr.  Tench. 

It  is  ordered  that  the  other  4  quarters,  namely,  Mr.  Lam- 

bertons,  the  subburbs,  Mr. 

Gregsons  &  Mr.  Fowlers,  shalhave 

the  vpland  for  their  second 

devission  beyond  the  2  mile  from 

NEW   HAVEN   COLONY  RECOEDS.  197 

the  towne,  on  the  west  side  of  the  harbour,  takeing  in  all  the 
land  to  the  seaward,  w^hin  Newhaven  bownds  towards  Milford, 
and  soe  come  rownd  towards  or  vnto  the  land  granted  to  the 
small  lotts  of  the  other  5  quarters,  till  they  have  their  due 
proportion,  only  Mr.  Goodyeare  shall  have  the  vpland  for  his 
second  devission  in  a  place  w^h  he  hath  chosen  for  a  farme  be- 
yond the  west  rocks,  and  Mr.  Gregson  shall  have  the  vpland 
for  his  second  devission  on  the  east  side  of  the  harbour  by  the 
meddow  called  the  solitary  cove. 

Libertie  is  granted  Mr.  Crayne  &  Mr.  Tuttle  to  inlardge 
their  somes  they  had  formerly  put  in  for  their  estates,  namely 
Mr.  Crayne  to  480^,  Mr.  Tuttle  to  4501,  ^%  they  agreed  to  pay 
rates  to  the  towne  accordingly,  both  for  time  past  &  time  to 
come,  &  if  they  should  remove,  to  sell  only  improvements,  & 
what  vpland  they  want  in  their  first  devission  &  in  the  necke, 
by  consent  &  order  it  is  to  be  supplyed  vnto  them  in  the  second 
devission,  acre  for  acre.  It  is  also  granted  to  Mr.  Crayne,  Mr. 
Tuttle  &  Mr.  Linge,  vppon  their  request,  that  they  should 
have  their  meddowes  &  the  vpland  for  their  second  devission 
in  the  way  to  Totokett,  after  Mr.  Batons  farme  is  layd  out, 
only  Mr.  Crayne  is  to  have  meddow  &  vpland  for  ISO^,  the 
estate  he  first  jnit  in,  betwixt  the  great  river  &  the  Mill  river, 
among  the  5  quarters  as  his  lott  falleth. 

Jeremy  Dixon  had  also  libertie  to  inlardg  his  some  put  in 
for  estate  to  oOQi,  payeing  rates  &  receiveing  land  for  any  want 
in  the  first  devission  &  necke  as  Mr.  Crayne  and  Mr.  Tuttle. 
[119]  II  It  was  ordered  that  Mr.  James  sometime  &  elder  in 
the  Bay,  shall  have  Francis  Parrotts  lott  in  the  quarter  called 
Mr.  Evance  quarter,  and  for  his  greater  conveyniencye  shall 
have  his  meddow  at  the  bottome  of  the  necke. 

It  is  ordred  that  Timothy  Baldwins  lott  in  Mr.  Fowlers 
quarter  shalbe  bought  in  by  the  towne  &  shall  have  land  layd 
to  it  for  5001  estate  and  for  6  heads  or  psons,  &  reserved  for  an 
elder,  but  the  necke  being  layd  out,  what  wants  there,  to  be 
supplyed  in  the  second  devission. 

To  prevent  offence  as  much  as  may  bee,  &  that  all  mens 
sperits  be  the  better  satisfied  w^h  their  allotments,  it  is  ordered, 
that  where  the  planters  doe  not  fully  agree  among  themselues 
in  deviding  their  lands,  all  devissions  gennerally,  (the  former 
grants  excepted,)  shalbe  made  by  lott  through  the  towne,  both 
in  vpland  &  meddow. 

Whereas  part  of  the  Neck  hath  bin  formerly  planted  by  sev- 
erall  men  for  p^sent  necessitye  or  convejniencye,  it  is  agreed  & 
ordered,  that  henceforward  it  be  wholy  laid  &  vsed  for  pasture 
&  dry  cattle,  and  stinted  according  to  each  mans  interest  & 
propriety,  wherein  12  acres  is  to  be  reckoned  for  a  horse,  6 


198  NEW   HAVEN   COLONY  RECORDS. 

acres  for  an  oxe,  3  for  a  siere  under  3  yeares  old  or  not  aboue 
2  yeares  old,  and  2  acres  for  a  calfe.  And  that  noe  man  put 
in  any  catle  yearly  before  the  time  ordered  for  the  yeare,  nor 
before  he  hath  given  notice  to  the  governo*"  what  cattle,  &  in 
Avhat  right  he  puts  in,  vnder  the  penal tye  of  6'^  a  head  each 
weeke,  any  time  lesse  then  a  weeke  reckoned  &  paid  for  as  a 
weeke.  It  is  also  ordered  that  the  necke  be  fenced  from  the 
farmes  above,  and  a  strong  gate  made  for  carts  &  cattle  to 
passe  through,  and  sufficient  gates  at  the  bridge,,  that  so  cattle 
allowed  may  be  kept  in  from  straying,  <fe  others  may  be  kept 
out,  &  that  noe  man  breake  any  part  of  the  said  fence,  or  any 
gate,  or  leave  any  gate  open,  vnder  such  penalty  as  the  month- 
ly court  shall  judge  meete  for  each  time. 

Yet  if  any  of  the  quarters  will  fence  in  their  owne  propor- 
tion, &  soe  relinquish  all  right  to  the  common  pasture  in  the 
necke,  they  may  at  their  propper  chardge  doe  it,  leaveing  out 
all  springs,  though  wUiin  their  proprietye,  for  the  cattle  to 
drinke  at,  and  wheras  there  are  certayne  parcells  of  meddow 
adjoyning  to  the  vpland  in  some  parts  of  the  necke,  w<^h  med- 
dow belongeth  to  some  of  the  planters,  and  cannot  be  secured 
from  the  cattle  wUiout  a  fence  betwixt  the  vpland  &  the  said 
meddow,  it  is  ordered,  that  the  treasurer  out  of  the  townes 
stock  shall  pay  for  halfe  the  said  fence  w«^h  alredy  is  or  shalbe 
made  betwixt  the  vpland  &  such  meddow,  but  the  fence  being 
once  made  &  paid  for,  according  to  this  order,  the  severall 
owners  of  the  meddow  agreed,  &  it  is  ordered,  that  themselues, 
severally,  shall  ever  after  mayntayne  the  said  fences,  or  beare 
what  damadg  befalls  them  in  their  meddow,  &  if  any  pertic- 
uler  quarter  or  person  shall  resolue  to  fence  in  their  propor- 
tions in  the  necke,  they  shall  first  pay  to  the  treasurer  their 
proportion  of  the  foresaid  generall  chardge  as  it  shalbe  judged 
worth,  before  they  beginne  to  fence. 

It  is  ordered  that  all  such  who  are  admitted  planters  into 
howselotts  freely,  but  have  had  noe  outland  formerly  allotted 
to  them,  they  shall  each  of  them  have  6  acres  of  vpland  to 
plant  in  for  every  single  person,  8  acres  for  a  man  &  his  wife, 
w'h  an  acre  added  for  euery  child  they  have  at  present,  W^h 
land  is  alreddy  layd  out  for  some  of  them  at  the  further  end  of 
the  great  playne,  in  proportion  as  before,  only  a  small  adition 
was  granted  to  William  Davis  to  save  him  some  chardge  in 
fenceing,  and  more  is  to  bee  layd  out  for  others  there  so  farr  as 
the  land  w^iin  the  fence  will  serve,  &  for  the  rest,  their  pro- 
portions shalbe  layd  out  on  the  east  side  of  the  great  river, 
betwixt  Mr.  Davenports  farme  &  the  Indian  wigwams,  in  such 
forme  as  may  be  convejnient  for  them  to  fence  &  improve,  and 
not  prejudiciall  to  the  towne,  and  Mr.  Crayne  &  Mr.  Tuttle 


NEW    HAVEN   COLONY   RECORDS.  199 

were  desired  &  appojnted  to  veiw  &  settle  it,  and  it  is  ordered 
that  all  planters  so  admitted  and  holding  land  from  the  towne, 
shall  pay  yearely  towards  publiqne  chardges  2'^  for  each  acre, 
as  other  planters  doe  for  the  2'^'  devission,  &  that  the  rates  shal- 
beginne  from  the  last  of  October,  1645,  &  so  goe  on  by  halfe 
yearly  payments,  and  if  any  of  them,  satisfyed  w'li  their  trades, 
or  not  likeing  the  place  or  their  allotment,  shall  refusse  or  neg- 
lect to  take  vpp  the  land,  yet  every  on  admitted  to  be  a  planter 
as  before,  shall  pay  12*1  a  yearc  to  the  treasurer  towards  pub- 
liqne chardges. 

Here  followeth  the  names  of  those  planters  w^i  their  pro- 
portions whether  at  the  further  end  of  the  great  playne  or  on 
the  east  side  of  the  great  river  or  harbour. 

[Page  120  is  blank.] 

[121]  II  For  that  some  of  considerable  estates  &  tradeing  doe 
live  in  the  towne  &  have  hitherto  injoyed  comfortable  fruite 
of  civill  administrations  &  chardges,  themselues  in  the  meane 
time  haveing  small  or  noe  rates,  it  is  ordered  that  hence  for- 
ward all  such  shalbe  rated  from  time  to  time  as  this  court 
shall  judge  meete.  And  for  the  present  Mrs.  Stolion  is  ordred 
to  pay  after  the  rate  of  20^  a  yeare  to  the  treasurer,  Mr.  God- 
frey 20s  a  yeare,  &  Mr.  Leech  40^  a  yeare,  all  w<=h  are  to  be- 
ginne  &  to  be  reckoned  from  October,  1645. 

Wlieras  a  certayne  quantity  of  land,  fit  for  a  small  planta- 
tion, hath  bin  purchased  of  the  Indians  at  the  chardge  of  New- 
haven,  about  40  miles  to  the  westward,  towards  Hudsons 
River,  vppon  a  motion  made  of  some  of  Wethersfeild,  it  is 
granted  to  them  &  their  companny  for  a  plantation,  they  repay- 
ing what  chardges  have  bin  expended,  w^h  amount  vnto 
about  33',  &  joyning  in  one  jurisdiction  in  Newhaven,  vppon 
certayne  considerations  then  propownded,  but  since  perfected, 
in  a  fundamental  agreement  setled  for  this  jurisdiction  in 
Octobr,  1643,  as  by  that  record  more  perticulerly  may  appeare, 
&  vppon  their  desire  that  plantation  is  called  Stamford. 

Monunkatuck,  formerly  purchased  &  planted  by  Mr.  Whit- 
feild  &  his  company,  was  also  admitted  into  this  jurisdiction, 
vppon  the  same  fundamentall  agreement  as  Stamford,  & 
vppon  their  desire  that  plantation  called  Guilford. 

Milford,  a  neighbour  plantation  to  the  westward,  was  also 
admitted  into  this  jurisdiction  vppon  the  same  fundamentall 
agreement  in  Octob"",  1643. 

Totoket,  a  place  fit  for  a  small  plantation,  betwixt  New- 
hauen  &  Guilford,  &  purchased  from  the  Indians,  was  granted 


200  NEW   HAVEN   COLONY  RECOEDS. 

to  Mr.  Swayne  &  some  others  of  Weathersfeild,  they  repaying 
the  chardge,  w^h  is  betwixt  12  &  IS^,  &  joyning  in  one  juris- 
diction w'h  Newhaven  &  the  forenamed  plantations,  vppon  the 
same  fundamentall  agreement  setled  in  Octob'',  1643,  w^h 
they,  duely  considering,  readjlye  accepted. 

Whereas  severall  yeares  since  a  tryall  was  made  of  setling 
a  confoederation  or  consociation  betwixt  the  Massachusets  & 
Connecticott,  but  at  time  w^hout  successe,  vppon  a  late  over- 
ture w^h  hopes  of  a  more  comfortable  issue,  Mr.  Eaton  <fe 
Mr.  Gregson  were  deputed  &  fully  authorised  to  treate  w^h 
the  commissioners  of  the  Massachusetts,  New  Plimouth  & 
Connecticut,  to  settle  a  generall  combination,  (if  it  shall 
please  God  to  blesse  their  indeavours,)  that  the  civill  peace 
wt^hin  these  4  collonyes  may  be  the  better  secured,  w'hout  any 
imiDcachment  of  sperituall  priveledges.  At  their  returne  they 
acquaynted  both  this  court  &  the  deputies  for  the  jurisdiction 
w'h  the  successe  of  the  treatye,  and  the  articles  of  confoedera- 
tion, agreed  &  concluded  vppon  at  Boston  the  19'''  of  May, 
1643,  and  after  aproued  &  ratified  Ijy  the  generall  court  of 
New  Plimouth  were  read,  &  by  generall  consent  confirmed, 
and  the  Secretary  was  ordered  to  enter  them  as  a  recorde, 
vppon  all  occassions  &  in  all  perticulers  to  be  duely  observed  in 
future  times,  &  vppon  serjous  consideration  of  the  nature  of 
tliis  trust  it  was  ordered  that  the  commission's  for  this  juris- 
diction be  yearly  chosen  Ijy  the  vote  of  all  the  free  burgesses, 
at  the  election  court,  and  that  they  be  furnislied  w'li  a  comis- 
sion  in  the  name  of  the  genncrall  jurisdiction  court  yearly,  for 
manadging  all  affajres  belonging  to  the  collonyes  thus  com- 
bined, in  phrase  or  words  agreed  by  the  commissionofs. 

It  is  ordered  that  noe  planter,  inhabitant  or  sojourner,  wUiin 
o'"  belonging  to  this  towne,  nor  any  vnder  or  for  them,  shall 
either  directly  or  indirectly,  purchase  any  plantation  or  land, 
more  or  lesse,  of  any  Indian,  Indians  or  others,  or  receive  it 
by  way  of  gift,  or  vppon  any  other  termes,  for  their  owne  pri- 
vate vse  or  advantadge,  w'hout  expresse  allowance  or  liberty, 
to  be  granted  &  entred  in  &  at  some  one  of  the  monthly 
courts,  vnder  the  penalty  of  the  losse  &  forfeiture  of  his  &  their 
so  acquired  right,  title  &  interest,  to  the  towne,  and  such  fur- 
ther fine  as  the  monthly  court,  vpon  cosideration  of  the  offence, 
shall  see  cause  to  impose. 

It  is  ordered  that  none  lopp,  fell,  cutt  downe,  or  cause  to  be 
loppetl,  felled  or  cut  downe,  any  tree,  vppon  any  occassion,  for 
any  vse,  vppon  any  common  w'hin  2  miles  of  any  part  of  the 
towne,  w'hout  speciall  lisence  from  the  governour  or  magis- 
trates of  Newhaven  (of  w^h.  lisence  the  governour  or  magis- 
trates to  keepe  a  booke  or  memoriall,  to  prevent  mistaks,) 


NEW    HAVEN   COLONY   RECORDS,  201 

vnder  the  penalty  of  looseing  all  his  labour,  about  cuery  such 
tree,  leaveing  it  wholy  to  the  towne,  &  paying  besides  on 
shilling  as  a  fine  for  each  tree  so  cutt,  but  if  he  carry  away  the 
tree  or  any  part  of  itt  w^iout  leave,  he  shall  pay  such  further 
fine  as  the  court  shall  judge  meete. 

And  that  none  vnder  the  same  penalties  barke  or  cause  to 
be  barked  any  trees  whether  for  tanning,  dying  or  other  vse, 
Avthout  order  &  appojntment  of  Serjeant  Andrewes,  Serjeant 
Jeffrejes,  Sarjent  Munson  &  Corporall  Whithead,  who  are  to 
consider  where  the  tanni's,  dyers  or  others,  may  conveyniently 
gett  barke  wUi  least  damadge  to  the  publique.  And  if  any 
man  cutt,  bark,  lopp  or  fell  any  tree  w^hin  the  proprjety  or 
allotment  of  any  planter  w'liout  leave,  he  shall  pay  damadg  to 
the  owner,  according  to  the  course  of  justice. 
[122]  II  It  is  ordered  that  the  magistrates,  elders  &  deacons, 
shall  henceforward  have  the  disposeing  of  all  howsclotts  not 
yet  granted,  w'h  the  outward  accomodations  therevnto  apper- 
tayning,  to  such  person  or  persons  as  they  shall  judge  meete 
for  the  good  of  the  plantation,  &  that  none  be  received  as  a 
planter,  either  by  admission  or  purchase,  wUiout  their  consent 
or  allowance,  &  that  noe  planter  or  proprietor  sell  or  let  any 
howse  or  land  to  any  stranger  or  other  not  before  a  planter, 
either  by  lease  or  otherwise,  wUiout  the  approbation  &  consent 
of  those  before  mentioned  &  intrusted,  &  all  bargaynes,  &c. 
not  agreeing  w^h  this  order  to  be  voide. 

It  is  ordered  that  every  male  from  16  to  60  y cares  of  age 
who  shall  dwell  or  sojourne  w^hin  this  plantation,  or  any  part 
of  the  bownds  &  limitts  of  it  for  a  month  together,  slialbe  & 
continew  at  all  times  compleatly  furnished  w'h  amies,  viz''  a 
good  serviceable  gunne,  a  good  sword,  bandeleeres,  a  rest,  all 
to  be  allowed  by  the  military  officers,  one  pownd  of  good  gun 
powder,  fower  pownd  of  bullets,  either  fitted  for  his  gunne  or 
pistoll  bulletts,  w^h  fower  faddome  of  match  fit  for  service  w'li 
every  match  locke,  &  4  or  5  good  flints  fitted  for  every  firelock 
peece,  all  in  good  order  &  ready  for  any  suddayne  occassion, 
service  or  veiw,  vnder  the  pcnaltie  of  10*^  fine,  to  be  paid  by  or 
for  euery  person,  so  oft  as  he  shalbe  fownd  defective  &  faulty; 
each  master  or  governour  paying  not  only  for  himselfe,  but  for 
all  such  as  are  vnder  his  chardge,  for  whome  he  should  pro- 
vide, &  others  to  pay  for  themselues.  It  is  further  ordered 
that  the  captayne,  (besides  occassionall  &  extraordynary 
veiwes,)  give  order  once  every  quarter  of  a  yeare  at  least  to 
the  millitary  oficers,  that  they  take  a  stryckt  veiw  of  all  the 
armes  belonging  to  the  towne,  that  they  may  see  &  report  that 
every  male  from  16  to  60  he  furnished  as  before  mentioned, 
vnder  the  penalty  of  40^  fine  if  he  ncsflect  to  give  order,  &  that 
26 


202  -  NEW   HAVEN   COLONY  EECORDS. 

the  military  officers  doe  accordingly  take  the  said  veiw  vnder 
the  penalty  of  40%  to  be  levyed  of  them  as  the  court  vppon  ex- 
amjnation  shall  find  cause,  &  that  a  due  returne  of  all  defects 
be  made  to  the  captayne  &  by  him  or  the  clarke  at  his  ap- 
poyntment,  vnder  the  penalty  afforesaid,  to  the  court,  that  the 
fines  may  be  duely  gathered  &  that  each  of  those  veiw  dayes 
be  so  published  <fe  made  knowne,  that  euery  one  may  bring  his 
compleate  amies,  powder,  shott,  &c.  as  before  esprest,  to  the 
place  &  at  the  time  appoynted,  vnder  the  penaltye  of  10^  fine 
as  if  not  furnished,  the  monthly  court  to  judge  of  the  differ- 
ence of  defects. 

It  is  ordered  that  there  be  henceforward  six  gennerall 
traynings  every  yeare,  viz^i,  the  first  Munday  in  Aprill,  the 
first  Munday  in  May,  the  first  Munday  in  June,  September, 
October  and  November.  But  if  any  of  these  dayes  proue 
raynye,  so  that  the  service  cannot  be  carrjed  on  to  satisfaction, 
it  shalbe  supplyed  the  next  following  second  day  W^h  proues 
fayre,  or  if  the  governour  &  magistrates  vppon  any  publique 
respects  see  cause  to  put  of  the  trayning  on  any  of  the  dayes 
before  named,  though  proueing  faire,  adviseing  w'h  the  cheife 
military  officers,  it  shalbe  carryed  on  in  some  other  fit  season 
as  they  shall  appoynte ;  on  every  of  wch  trayning  dayes  before 
expressed,  all  &  every  of  the  males  w'liin,  or  belonging  to  this 
plantation,  from  16  to  60  yeares  of  age,  not  exempted  by  the 
place  or  office  they  hold,  or  vppon  some  other  respect  dispensed 
w^h  by  the  generall  court,  shall  diligently  atend  the  military 
nurture  &  exercises,  that  they  may  learne  the  better  to  handle 
&  vse  their  armes,  reddyly  vnderstand  &  obey  the  words  of 
command,  &  be  generally  fitted  for  all  military  service  as  occa- 
ssion  may  require.  And  whosoever  shall  totally  absent  on  any 
of  those  appoynted  trayning  dayes,  or  shall  dept  wtliout  leave 
befor  the  company  breake  vpp,  or  shall  not  be  furnished  w^h 
compleat  armes  for  traynings  shall  pay  5^  fine.  And  whoso- 
ever shall  come  late  after  the  second  drume  hath  left  beat- 
ing, his  name  being  so  returned,  he  shall  pay  one  shilling  fine, 
But  if  any  man  come  late,  &  shew  not  himselfe  to  the  clarke 
that  he  may  enter  his  appearance  such  as  it  is,  it  shalbe 
chardged  as  totall  absence,  and  he  shall  pay  accordingly. 

And  for  the  incouradgment  of  military  officers  and  company, 
it  is  ordered  and  granted  that  all  the  fines  for  absence  &  late 
comming,  whether  on  the  generall  trayninge  dayes  or  on  the 
squadron  dayes  of  trayning  hereafter  mentioned  shall  wlioly 
goe  to  them,  to  be  disposed  by  the  military  officers  in  powder 
&  shott,  &c,  that  they  may  set  vpp  marks  to  shoote  at,  or  may 
furnish  themselues  for  their  military  exercises,  that  the  service 
may  be  more  comfortably  carryed  on,  &  yet,  if  there  be  cause, 


NEW    HAVEN    COLONY    RECORDS.  203 

the  court  will  give  all  just  assistance  in  the  levying-  of  them, 
and  for  other  miscarrjadges  as  stubornes,  contempt  or  neglect 
of  the  officers  in  their  directions  or  due  commands,  quarrell- 
ing, fighting,  disorderly  talkeing,  bringing  &  shooting  of 
peeces  w^h  bullets  or  shott,  &  all  other  misdemeanours,  a  fine 
to  be  paid  to  the  towne  by  each  offendor  according  to  the  na- 
ture of  his  fault,  as  the  court  vppon  chardge  &  proofe  shall 
judge  meete.  But  in  all  pul)lique  traynings,  liberty  is  granted 
[123]  that  at  every  ||  farme  howse  one  man  may  stay  at 
home  to  atend  occasions  &  prevent  dangers,  but  all  the  rest 
shall  trayne,  shew  armes,  and  be  subject  to  all  the  former 
orders  &  penalties. 

Wheras  there  are  4  serjents  &  4  corporalls  chosen  &  ap- 
poynted  for  the  millitary  service  &  accordingly  the  plantation 
is  devidcd  into  4  squadrons,  it  is  ordred  that  one  of  the  squad- 
rons in  their  course  come  constantly  to  the  meeting  howse  to 
the  publique  worshipps  of  God,  both  every  Lords  day  &  on 
other  dayes  ordynary  &  extraordjnary,  &  be  there  at  o'"  before 
the  second  drume  hath  left  beatinge  w*h  there  armes  com- 
pleate,  tliere  guns  ready  chardged  w^li  a  fit  proportion  of 
match  for  match  locks  &  flints  ready  fitted  in  their  firelock 
peeces  &  shott  &  powder  for  5  or  6  chardges  at  least,  there  to 
attend  the  publique  service  and  safty  as  the  officers  shall  ap- 
poynt,  vnder  the  penaltie  of  five  shillings  fine  for  neglect,  o"^ 
defect  of  furniture,  &  one  shilling  fine  for  late  comminge. 
Tlie  sentinells  also,  &  they  that  walke  the  rownd  in  their 
course,  shall  dilligently  atend  their  trust  &  duty,  &  shall  have 
their  matches  lighted  dureing  the  time  of  meeteing,  if  the 
serve  w^h  matchlock  peeces,  vnder  the  penalty  of  4^  fine  ;  and 
the  Serjeants  duely  to  returne  the  names  of  all  such  as  fayle  & 
transgresse  this  order,  vnder  such  penalty  as  the  court  shall 
se  cause.  And  according  to  the  course  already  begunne,  that 
squadron  w^h  is  to  bring  armes  the  following  Saboth  shalbring 
armes  the  lecture  day  or  any  other  extraordynary  day  of 
sollemne  worshipp  immediatly  before,  if  they  come  to  the  lec- 
ture, &c. 

All  the  former  fines  to  be  moderated  as  the  court  se  cause. 

The  court  considering  how  necessary  it  is  in  times  of  peace 
to  prepare  for  warre,  &  accordingly  to  fit  &  trayne  vp  men  by 
degrees  to  all  military  service  &  skill,  besides  the  generall 
traynings  &  certayne  squadron  traynings  hereafter  mentioned, 
gave  liberty  and  incouradgment  to  beginne  an  artilery  com- 
pany, &  to  add  to  it  from  time  to  time,  such  as  out  of  the 
trayned  bands,  or  others  being  free  &  fit,  shall  offer  them- 
selues  therevnto.  And  it  was  granted  to  the  said  company 
that  they  may  chuse  their  owne  ofiicers  yearly  &  setle  thpir 


204  NEW  HAVEN  COLONY  EECORDS. 

owne  orders,  presenting  both  officers  &  orders  from  time  to 
time  to  the  generall  court  for  approbation  &  confirmation, 
provided  that  they  order  their  times  of  meeting  &  exercise 
wUi  due  respect  to  the  occassions  &  convejniency  of  the  towne, 
and  perticulerly  that  the  traynings  be  not  hindered.  And  it  is 
further  granted  that  all  such  who  are  admitted  into  the  artil- 
lery company,  while  they  atend  &  improve  those  meeteings 
shalbe  freed  from  the  squadron  traynings  (hereafter  ordered,) 
if  they  be  not  officers  who  are  to  exersise  others,  &  according- 
ly an  artilery  company  was  begune,  the  officers  &  orders  were 
presented  to,  &  approued  &  confirmed  by  the  generall  court 
M>-ch  31,  1645. 

The  orders  allowed  for  the  artilery  company  are  inserted 
page  99,  therfore  here  omitted. 

And  whereas,  by  reason  of  the  artilery  company,  the  num- 
ber for  the  squadrons  wilbe  lessned,  it  is  ordered  that  hence- 
forward, two  squadrons  joyne  in  one  boddy,  &  that  the  4  Ser- 
jeants w^li  their  respective  corporalls  exercise  them  thus 
joyned  in  their  course,  about  a  fortnight  before  each  generall 
trayninge,  but  on  the  last  day  of  the  weeke  in  the  afternoone, 
&  whosoever  shall  come  late  to  any  of  these  squadron  trayn- 
ings, namely  after  the  second  drume  hath  left  beating,  he  shall 
])ay  6^1  fine.  And  whosoever  shalbe  totally  absent,  2^  6^  to 
the  company,  as  in  the  gennerall  traynings.  And  for  all  other 
miscarriadges  in  this  service,  the  fine  to  be  judged  in  the 
monthly  court. 

It  is  ordered  that  a  constant  &  strickt  watch  shalbe  kept 
every  night  in  this  plantation,  from  the  first  of  M'ch  to  the 
last  of  October  every  yeare  ordynaryly,  leaveing  extraordynary 
cases,  either  of  mildnes  or  sharpnes  of  weather  or  times  of 
danger  to  the  governour  &  magistrates,  who  may  remit  or 
continew  the  watch  longer,  or  increase  &  order  them  as  sea- 
sons &  occassions  may  require.  But  in  the  ordynary  course, 
the  watch  is  every  night  to  consist  of  one  intrusted  as  ma""  of 
the  Avatch,  (who  is  diligently  to  attend  &  observe  all  the  orders 
made  by  this  court  for  the  watch  while  they  stand  in  force,)  & 
of  six  other  watchmen.  This  watchm''  is  to  be  appojnted 
yearly,  &  the  six  watchmen  to  be  sorted  as  may  be  most  con- 
vejnient  in  respect  of  their  dwellings,  by  the  captayne  w^h 
approbation  of  the  magistrates.  But  if  by  death,  remove  or 
any  other  occassion,  after  the  watches  are  setled  in  their 
course*  for  the  yeare,  a  breach  be  made,  &  so  cause  of  an  alter- 
ation, the  captayne  shall  w'h  all  conveinient  speede,  order  & 
setle  them  agayne,  so  as  may  ma^  be  most  convejnient  for  the 
towne,  and  shall  give  seasonable  warning  to  all  the  watch- 
masters  whom  it  concerneth,  that  the  service   may   goe  on 


NEW  HAVEN  COLONY  RECORDS.  205 

[124]  wthoiit  interruption  ||  or  disorder,  &  in  times  of  dan- 
ger, whether  from  Indians  or  otliers,  as  the  townes  watch  may 
be  increased,  soe  to  prevent  mischeife  there  may  be  cause  to 
watch  abroad,  it  is  therfore  ordered,  that  in  such  times,  the 
farmes  be  free  from  watchings  in  the  towne,  provided  they 
keep  a  dilligent  watch  at  j^  farmes. 

The  present  orders  &  penalties  are  as  followeth. 

It  is  ordered  that  when  vppon  any  occassion  an  allarum 
shal  hereafter  be  made  w'hin  this  plantation,  both  the  millita- 
ry  officers  &  every  trayned  souldier  shall  forthw'^h  repaire  to 
the  meeting  liowse  w^i  their  complcate  armes  &  all  furniture 
for  present  service,  &  shall  not  spend  time  &  hazard  the  pub- 
lique  safty  by  attending  "their  owne  private  respects  and  affec- 
tions, vnder  the  penalty  of  ^  ,  except  only  in  the  case 
of  some  present  assault  made  vppon  or  neere  the  place  where 
he  or  they  were,  or  at  least  some  discouery  of  Indians,  or 
others  knowne  or  suspected  to  be  enjmies,  &  cominge  thith- 
erward in  a  hostile  manner.  And  when  there  shalbe  cause  to 
send  out  any  company  of  souldiers,  either  to  keepe  of  danger 
or  enemjes,  repaire  or  recover  any  losse,  or  in  any  just  warre, 
whether  offensive  or  defensive,  whosoever  shalbe  appoynted 
&  called  to  such  service,  whether  officer  or  trayned  souldiers, 
])j  the  governour,  magistrates,  or  others  to  whome  trust  and 
power  is  committed  in  such  cases,  he  &  they  shall  forthwith 
attend  the  call,  &  goc  vppon  the  service  according  to  direction, 
w'^hout  dispute  or  gaynsayinge.  And  whosoever  shall  refusse, 
or  by  questions  &  scruples  delay  &  hinder  the  service,  or  dis- 
couradge  others,  shalbee  proceeded  agajnst  by  imprisonment 
&  such  further  punishment  as  the  nature  of  his  contempt  and 
miscarriadg  shall  require.  And  whosoever  shall  refusse  his 
boate  or  vessell,  his  teame  or  horse,  his  armes  or  any  part  of 
it,  offensive  or  deffensive,  or  any  provission  for  the  puldique 
service,  vppon  just  consideration  &  allowance  to  be  aftCwards 
made  for  the  same,  (w^h  in  like  manner  shalbe  observed  to 
the  men  sent  forth,)  shalbe  so  proceeded  agajnst  by  the  au- 
thority settled  in  &  for  the  plantacon  as  that  the  contempt  & 
miscarriadge  bee  duely  punished  in  the  offender,  &  the  like 
disorder  prevented  or  supprest  in  others  for  the  future,  that 
the  publike  receive  no  damadge  l)y  the  folly  and  stubbornnes 
of  perticuler  men. 

To  prevent  much  inconveniencie  &  danger  w'^h  may  grow,  it 
is  ordered  that  whosoever  shall  shoote  any  bullet,  bulletts,  or 
small  shott  in  the  towne,  or  w'hin  a  quarter  of  a  mile  of  the 
towne  w^hout  a  sufficient  &  just  call,  w^h  the  monthly  court 
will  judge,  shall  pay  5«  fine  for  every  such  default,  besides  due 
satisfaction  for  what  hurt  or  damadge  may  arise  thereby. 


206  NEW   HAVEN   COLONY  RECORDS. 

It  is  ordered  that  whosoever  shall  furnish  any  Indian 
directly  or  indirectly  either  w*h  any  gunne,  greate  or  small, 
by  what  name  soever  called  or  w'h  any  sword,  dagger,  rapier 
or  the  blade  of  any  of  them,  arrow  head,  or  other  weapon  or 
instrument  for  warr,  or  w'h  any  powder  or  shott  of  what  name 
or  seize  soever,  or  shall  mend  any  gunne  for  an  Indian,  w'hout 
expresse  order  from  the  governour  or  comissioners  for  the  col- 
lonye  in  wrightinge,  shall  pay  either  5^  fine,  or  twenty  for  one, 
according  to  the  nature  and  importance  of  the  offence  as  the 
court  shall  judge  meete. 

The  court  serjously  consideringe  how  husbandry  may  be 
carrjed  on  w'h  due  incouradgm*  in  this  plantation,  thought  it 
meete  that  the  quarters  severally  or  two  or  more  of  them 
joyntly  as  they  shall  agree,  should  fence  in  such  parcells  of 
arable  or  plantinge  land  as  might  best  suite  their  occassions,  & 
ordered  that  in  any  such  case,  every  planter,  or  whosoever 
holds  land  w^hin  such  a  compasse  soe  to  be  fenced,  doe  attend 
the  publique  good  in  carrjdng  on  his  part  <fe  proportion  of  such 
fenceinge  in  due  time,  that  his  neighbo''s  receive  noe  damadge 
through  his  default,  nor  may  the  innability,  negligence  or 
stubbornenes  of  any  one  or  more  perticuler  men  hinder  a 
generall  advantadge  in  improvement  of  land  in  any  quarter  or 
quarters,  howselotts  or  abroad,  when  the  major  pte  agree  to 
fence.  But  vppon  complaynte,  the  monthly  court  to  settle 
the  best  course  &  order  they  can,  soe  tendreing  each  perticuler 
planter  that  the  publique  receive  noe  damadge,  &  because  in 
some  of  the  quarters  there  are  lotts  vacant,  not  yet  disposed, 
it  is  ordered  that  till  they  be  filled,  the  quarters  themselues 
fence  them  or  procure  workmen  to  doe  it,  and  the  chardges 
shalbe  payed  Ijy  the  treasurer  out  of  the  townes  stocke,  both 
for  the  present  in  setting  vpp  the  just  pportion  of  fence  for 
each  such  lott,  &  hereafter  in  repairing  the  same  when  there 
shalbe  cause,  provided  that  the  quarters  in  the  w^h  such  lotts 
are,  beare  all  damadge  if  the  said  fences  or  any  of  them  be  not 
either  made  or  repajred  in  due  season,  and  that  henceforwd 
before  the  treasurer  pay  for  any  such  fence  makeinge  or  re- 
pajreing,  the  quarter  give  notice  for  what  perticuler  lott  it  is, 
that  soe  the  treasurer  may  keepe  account  of  the  chardges. 
[125]  II  Each  quarter  in  Wh  any  such  lott  is  shall  also  see 
that  the  fence  in  strength  &  goodnes  answer  that  order  of 
court-  made  May  the  k>^^\  1641,  and  for  their  helpe  herein, 
brother  Andrewes  and  brother  Munson  are  appoynted  veiwers 
for  the  towne,  to  see  &,  certifie  the  treasurer  how  they  find 
such  fences,  whether  sufficient  or  not.  If  defective  they  are 
to  judge  of  the  worth  w*h  respect  to  that  order,  and  the  quar- 


NEW  HAVEN  COLONY  RECORDS.  207 

ters  or  workmen  to  receive  payment  or  to  make  abatement 
accordingly. 

And  for  that  in  such  common  inclosures,  severall  workmen 
for  their  present  ease  are  apt  to  make  slight  fences,  &  fences 
well  made  at  first  in  time  decay,  w<=h  may  bring  much 
damadge  vppon  them  that  plant,  it  is  ordered  that  each  quar- 
ter or  quarters  so  joyning  in  a  common  feild,  shall  yearly  ap- 
poynt  2  committees  or  veiwers  from  among  themselues,  who 
some  one  day  in  the  first  full  weeke  of  every  month  shall 
dilligently  veiw  &  observe,  &  shall  set  marks  vppon  all  such 
fences  or  parts  of  fences  as  are  defective,  &  acquajnt  the  own- 
ers, (or  the  quarters  if  it  belong  to  some  absent  lott,)  therewth, 
calling  vppon  them  to  get  them  forthwUi  mended,  remmem- 
hring  them  that  what  damadge  befalls  the  quarter  or  any 
planter  till  such  fence  or  fences  be  sufficiently  mended,  they 
are  to  make  it  good,  vnlesse  they  cann  clearly  prove  that  the 
damadge,  or  part  of  it,  came  some  other  way,  w'^h  wilbe  justly 
considered.  And  the  perticuler  planters  whose  fences  are 
fownd  defective,  shall  from  time  to  time  pay  the  veiwers  for 
their  paynes  in  this  service ;  but  if  noe  fences  be  fownd  defect- 
ive, or  none  but  for  absent  lotts,  then  the  quarter  or  quarters 
to  pay  them  according  to  their  different  proportion  of  fence 
about  each  such  inclosure,  the  towne  for  the  absent  lotts  to  be 
wholy  freed  from  all  chardg  towards  these  veiwers.  But  in 
any  of  them,  the  fence  being  well  made  at  first,  &  so  reported 
to  the  treasurer  by  the  townes  veiwers  appoynted  for  that  ser- 
vice, or  an  abatem*  made  to  the  treasurer  according  to  the 
defect,  if  the  quarter  cannot  get  them  otherwise  mended,  their 
veiwers  afforesaid  may  prcsse  men  to  doe  it,  and  the  treasurer, 
out  of  the  townes  stocke  shall  pay  for  the  worke.  And  for 
that  some  of  the  veiwers  yearly  appoynted  may  not  know  each 
mans  fence  at  first,  in  such  case  they  are  to  acquajnt  the 
quarters,  famjlies,  or  persons  to  whom  any  part  of  the  said 
fence  belongeth,  what  day  they  intend  their  first  veiw,  that 
euery  one  wliome  it  concerneth  may  goc  or  send  to  shew  their 
fences,  and  to  marke  them  at  botli  ends,  that  the  veiwers  may 
know  what  belongeth  to  each  absent  lott,  and  what  to  each 
present  planter,  and  if  any  vppon  due  warning  shall  neglect  to 
goe  or  send,  he  shall  pay  2^  fine ;  and  if  the  veiwers  shall  neg- 
lect to  veiw  at  the  times  appoynted,  or  duely  to  observe  & 
marke  the  defects,  or  seasonably  to  call  vppon  them  Avhom  it 
concerneth  to  amend  them,  they  shall  pay  each  of  them  five 
shillings  every  month  for  any  such  default. 

And  whosoever  shall  put  any  cattle  wUiout  a  keeper,  wheth- 
er by  day  or  by  night,  into  any  such  inclosure,  wUiout  a  joynt 
consent  &  expresse  agreement  made  l)y  the  quarter  or  quar- 


208  NEW   HAVEN   COLONY   RECORDS. 

ters  interessed,  he  shall  pay  G-^  a  head,  one  halfe  to  the  towne, 
and  the  other  halfe  to  the  informer  vppon  due  proofe,  &,  shall 
besides  pay  the  ful  damadge  where  it  shalbe  due.  If  he  put 
them  in  w^\\  a  keeper,  he  shall  pay  all  due  damadge  to  the 
partie,  w'-h  growes  either  by  the  vnrulynes  of  cattle,  or  through 
the  keepers  neglect,  only  he  may  abate  out  of  the  wages  of  any 
servant  or  hired  man,  or  by  other  just  meanes  require  repara- 
tion for  what  he  payeth  through  their  default  &  miscarriadge ; 
and  whosoever  passeth  through  a  gate,  whether  a  common 
gate  or  other  gate  leading  into  a  common  feild  where  corne  is 
planted  or  sowen,  &,  leaveth  it  open,  or  not  well  <fe  sufficiently 
shutt,  he  shall  pay  5^  fine,  the  one  halfe  to  the  towne,  the 
other  halfe  to  the  informer  vppon  due  proofe  &  shall  besides 
pay  all  damadge  to  the  quarter  or  partie  W^h  shall  come  by 
such  miscariadge,  parents  or  governours  answering  for  chil- 
dren &  servants,  though  it  be  after  abated  out  of  servants 
wages,  or  otherwise  as  before  expressed. 

And  for  that  the  fences  belonging  to  the  towne  are  gener- 
ally weake  &  decaying  more  &  more,  &  by  the  best  &  joynt 
care  of  the  owners  &  veiwers  hardly  now  to  be  repaired  & 
majntajned  strong  <fe  sufficient  to  keepe  out  swine  of  all  sorts, 
and  these  small  rivers  are  fownd  noe  fences  agaynst  swinne 
wli  swimme  over  daylye,  and  by  them  much  damadg  is  don 
every  yeare,  both  in  corne  feilds  &  meddowes,  manny  com- 
plajnts  are  made  &  much  contention  ariseth,  to  prevent  all 
w'^h  inconveiniencyes,  (if  it  may  bee,)  it  is  thought  commodi- 
ous &  necessarie  that  the  quarters  or  planters  consider  &  joyne 
as  they  may  to  haunt,  heard  &  keepe,  their  swine  abroad  at 
sufficient  distances  from  all  corne  feilds  &  meddowes  belong- 
[126]  inge  ||  to  any  planter,  whether  in  the  towne  or  at  the 
farmes.  And  it  is  concluded  &  ordered  that  what  swine  soever, 
greater  or  smaller,  shall  after  the  23th  March,  1645,  be  fownd 
either  vnyoaked  or  vnrunge  or  both  in  any  corne  feild  or  med- 
dow  as  before,  the  owners  of  them  shall  pay  6*^  a  head  to  the 
informer  vppon  proofe,  &  if  they  be  brought  to  the  pownd,  he 
shall  pay  a  peny  a  head  more  to  the  pownder  for  impownding 
them,  and  the  owner  of  them  besides,  pay  the  full  damadge, 
whether  in  corne  or  meddow  to  him  agajnst  whom  the  tres- 
passe  is  comitted,  as  it  shalbe  prised  by  indifferent  men,  W^h 
course  &  care  to  keepe  swine  at  a  distance  may  also  prevent 
much  damadg  &  offence  betwixt  the  English  &  tlie  Indians, 
w^h  ariseth  oft  by  our  trespassinge  vppon  their  corne,  &  their 
killing  our  swinne. 

And  for  that  it  is  fownd  by  experience  that  goates  being  left 
carlesly  either  by  the  owners  or  keepers  in  the  m'ket  place, 
streates  or  high-wayes  in  or  about  the  towne,  climb  over,  or 


NEW   HAVEN   COLONY  RECORDS.  209 

some  way  get  into  mens  howse  lotts,  orchards  or  gardens,  & 
in  a  short  time  by  barkeing  of  trees  or  otherwise  doe  much 
damadge  note  easily  repayred,  it  is  ordered,  that  whatever 
goates  are  hereafter  fownd  w^ioiit  a  keeper  in  any  place  in  or 
neare  about  the  towne,  save  w'hin  the  owners  howses  or  howse 
lotts,  the  owner  shall  pay  G'l  a  head  for  each  such  default, 
halfe  to  the  towne  &  halfe  to  the  informer  vppon  due  proofe. 
And  if  they  or  any  of  them  be  brought  to  the  pownd,  the 
owner  shall  pay  a  penny  a  head  more  for  impownding  tliem, 
and  if  the  pownder  drive  any  of  them  to  to  the  pownd,  he  is  to 
have  4'i  a  head  for  the  service,  &  the  towne  3^'  a  head  for  the 
disorder.  Besides  w^h  the  owner  shall  pay  full  damages  for 
whateuer  hurt  they  doe  in  any  mans  propriety  whether  to 
trees  or  otherwise,  as  it  shalbe  prized  by  indifferent  men ;  But 
in  all  the  former  cases  the  owner  may  recover  from  the  keeper, 
as  his  chardge  &  damadge  growes  through  his  default. 

The  court  being  informed  that  the  comons  are  over  bur- 
dened, &  that  the  plantation  in  generall  suffers  by  over  great 
quantities  both  of  greater  cattell  &  swine,  kept  by  such  as  have 
least  right,  as  by  noats  from  most  of  the  quarters  now  brought 
in  appeareth,  desired  that  men  would  seasonably  regulate  & 
moderate  themselues,  otherwise  the  court,  according  to  rules 
of  righteousnesse  &  prudence  must  provide  for  the  publique 
good. 

It  is  ordered  that  the  clay-pitts  on  the  north  side  of  the 
towne,  w<=h  lye  w^hin  the  first  devission  of  vpland  to  Mr.  New- 
mans qiTarter,  be  reserved  from  being  any  mans  propriety,  & 
kept  as  a  common  for  the  vse  of  the  towne,  and  a  conveinient 
high  way  left  to  it  for  carts  to  passe  to  &  free.  Only  it  is 
granted  to  Mr.  Davenport,  that  if  he  shall  thinke  fit  to  remove 
his  fence  from  that  side  of  his  lott,  lying  by  the  way  to  the 
clay-pitts,  to  the  other  side  by  the  Mill  highway,  he  may  fence 
crosse  the  way  to  the  clay-pitts,  makeing  a  gate  &  hanging  a 
lock  vppon  it,  the  key  to  be  still  left  at  Goodman  Coopers 
howse,  that  vppon  all  occassions  it  may  be  ready  for  them  that 
fetch  clay.  And  it  is  further  granted  to  Mr.  Davenport,  that 
when  the  lott  at  first  reserved  for  Mr.  Roe  comes  to  be  fenced 
in,  if  he  desire  it,  he  shall  have  a  way  or  passadge  of  8  foot 
broad  left  betwixt  that  lott  &  Mr.  Craynes,  that  he  may  goe 
out  of  his  owne  garden  to  the  meeting  howse. 

It  is  ordered  that  those  intrusted  for  the  townes  affaires, 
when  they  se  cause  may  lay  out  l)otli  vpland  and  meddow  for 
the  conveiniency  &  incouradgment  of  him  that  shall  keepe  an 
inne  or  ordynary  for  strangers,  in  the  meane  time,  it  is  grant- 
ed to  W'n  Andrewes  who  at  present  carrieth  on  that  imploye- 
ment,  that  hee  may  fence  in  twenty  acres  of  vpland  at  the 
27 


210  NEW   HAVEN   COLONY   RECORDS. 

hither  end  of  the  plaiiies,  adjoyning  to  Mr.  Francis  Newmans 
lott,  to  put  in  strangers  horses  as  there  shalbe  occassion,  pro- 
vided that  if  he  either  dye  or  give  over  keepeing  the  inne  the 
said  land  shall  immedjatly  goe  to  him  that  succeeds  in  that 
imployment  for  the  vse  aiforesaid,  he  makeing  just  allowance 
towards  the  chardg  in  fenceing,  if  by  the  hire  &  benifit  of 
strangers  horses,  the  said  W"'  Andrewes  have  not  bin  duely 
satisfied  in  the  interim. 

A  foote  bridge  formerly  made  over  the  Mill  River  into  the 
Necke  being  much  decayed  was  for  the  present  repajred,  but 
w^hall  it  is  ordered  that  a  cart  bridge  over  that  river,  &  another 
over  the  West  River,  w'h  sufficient  causeies  to  them  both,  he 
forthw^h  made  &  kept  in  repaire  from  time  to  time  at  the 
publique  chardge,  when  private  ingadgements  are  out. 
[127]  II  And  it  is  further  ordered  that  after  those  two 
bridges  are  finished  w^h  the  first  conveniencye  a  cart  bridge 
be  also  made  over  the  East  River,  only  it  is  refferred  to  further 
consideracon  whether  the  towne  will  beare  the  whole  chardge 
of  such  a  bridg,  or  only  disburse  100'  towards  the  building  of 
it  for  the  present,  and  repaire  &  majntayne  it  when  its  built, 
and  let  the  rest  of  the  present  chardges  in  building  be  borne 
by  them  that  have  lands  onn  the  east  side,  &  in  consideration 
thereof  grant  them  the  full  &  sole  liberty  &  proffit  of  all  fish 
w^h  by  weares  or  otherwise  may  be  taken  at  the  said  bridge.  _ 

/"""For  the  l^etter  trayning  vpp  of  youth  in  this  towne,  that 
through  Gods  blessinge  they  may  be  fitted  for  publique  ser- 
vice hereafter,  either  in  church  or  comonweale,  it  is  ordered, 
that  a  free  schoole  he  sett  vpp,  &  the  magistrates  w^li  the 
teaching  elders  are  intreated  to  consider  what  rules  &  orders 
are  meete  to  be  observed  &  what  allowance  may  be  convenient 
for  the  schoolema's  care  &  pajnes,  w^h  shalbe  paid  out  of  the 
townes  stocke.  According  to  w^h  order,  20^  a  yeare  was  paid 
to  Mr.  Ezekiell  Cheevers,  the  present  schoolema""  for  2  or  3 

'  yeares  at  first,  but  that  not  proueing  a  competent  majntenance, 
in  August,  1644,  it  was  inlardged  to  SQi  a  yeare  &  soe  contin- 
eweth. 

~A  proposition  made  to  the  commission'"s  at  Hartford,  A° 
1644,  by  Mr.  Sheppard,  pastour  of  the  church  at  Cambridge 
in  the  Bay,  for  a  free  contribution  out  of  these  parts  of  a  pecke 
of  wheate  or  the  vallew  of  it  of  every  person  whose  hart  is 
willing  for  an  increase  of  majntenance  to  the  colledg  there 
beguune,  that  children,  (to  wliat  collony  soeuer  they  belong,) 
being  fit  for  learning,  but  their  parents  not  able  to  beare  the 
whole  chardge,  might  the  better  be  trayned  vpp  for  publique 
service,  was  considered  and  fully  approued,  and  Mr.  Atwater 


NEW    HAVEN    COLONY  RECORDS.  211 

&  Goodman   Davies  were  intreated  for  that  first  yeare   to 
receive  and  collect  it,  that  it  may  be  sent  accordingly. 

Whereas  the  gennerall  coiirt  for  this  jurisdiction  judging 
the  season  now  fit,  did  sec  cause  to  joyne  w^h  Connecticott*  in 
sending  to  procure  a  pattent  from  the  Parliment  for  these 
parts,  and  for  that  purposse  desired  Mr.  Gregson  to  vndertake 
the  voiadge  &  buisines,  &  agreed  to  furnish  him  w^h  200i  out 
of  this  jurisdictio  in  good  marchantable  beaver,  of  wli  in  pro- 
portion this  towne  should  furnish  about  110',  it  is  ordred  that 
Mr.  Gregson,  if  there  be  cause,  take  vpp  soe  much,  vppon  such 
termes  as  he  may,  &  it  shalbe  repaid  out  of  the  townes  treasu- 
rie,  wUi  what  allowance  or  consideration  he  shall  agree  for. 

That  commerce  may  the  l^etter  be  carryed  on  betwixt  man 
&  man  in  these  pts  where  monny  is  scarce,  it  is  ordered  that 
Spanish  monny,  called  peeccs  of  eight  shall  passe  here  as  they 
doe  in  some  other  parts  of  the  country,  at  5^  apeece.  And 
that  Indian  wompom  shall  passe,  the  white  at  6  a  penny,  and 
the  blacke  at  3  a  penny.  And  some  men  being  at  present 
loath  to  receive  the  blacke,  it  is  ordered  that  in  any  payment 
vnder  20«,  halfe  white  &  lialfe  blacke  shall  l)e  accounted  cur- 
rant pay,  only  if  any  question  arise  about  the  goodnes  of  the 
wampo,  whether  white  or -blacke,  Mr.  Goodyearc,  if  the  parties 
repaire  vnto  him,  is  intreated  to  judge  therin. 

That  righteousnes  &  peace  may  be  preserved,  it  is  ordered 
that  whosoever  shall  take  any  mans  boate  or  cannow  w'hout 
due  leave  shall  i)ay  20^  line,  &  whosoever  shall  take  any  mans 
oares  or  padle,  hand  cart,  wheele  barrow,  or  any  thing  of  like 
nature  w^hout  due  leave,  shall  pay  5^  fine,  w'li  what  further 
damadge  in  any  of  the  cases  the  owner  may  susteyne  by  sucli 
an  injurious  practisse. 

And  for  that  divers  cannowes,  some  made  by  the  English, 
some  bought  of  the  Indians,  are  altogether  vnfit  for  the  service 
to  w^h  they  are  vsually  putt,  &  may  prove  dangerous  to  the 
lives  of  men,  Mr.  Crayne  &  Leiutennant  Seely  are  by  this 
court  appoynted  viewers,  &  are  intreated  forthwith,  &  soe 
from  time  to  time  hereafter,  to  veiw  &  seriously  to  cosider  of 
all  the  cannoes  l)elonging  to  the  English  about  this  towne, 
(the  owners  bringing  all  &  and  every  of  the  said  cannowes  to 

*  This  was  iu  1644,  liowevcr  in  the  records  of  Connecticut  there  is  no  mention  made 
about  joining  Avitli  >s'ew  Haven  to  procure  a  Patent,  but  May  13,  1645,  the  governor, 
the  deputy  governor,  Mr.  Fenwick,  Mr.  Wliiting  and  Mr.  Welles  were  desired  to 
"  agitate  the  busines  concerning  the  enlardgment  of  the  liberties  of  the  patent  for  this 
jurisdiction,"  and  July  9, 1645,  Mr.  Fenwick  was  desired  to  go  to  England  to  endeavor 
the  enlargement  of  patent  and  to  further  other  advantages  for  the  countr^y.  Tnnnb. 
Col.  Rec.  Conn.  I.  126, 128.  Mr.  Fenwick  did  not  go,  and  Mr.  Gregson  was  lost  on 
the  voyage,  in  the  famous  phantom  ship. 


212  NEW   HAVEN   COLONY  RECORDS. 

such  place  as  the  said  Adewers  shall  appoynte,  giveing  them 
notice  that  they  are  there  ready  to  be  veiwed,)  who  are  to 
marke  all  and  every  cannowe  wh.  they  shall  approve  &  judg 
meete  for  service,  and  whosoever  shall  henceforward  hire  out, 
lend  or  vse  any  cannowe  not  soe  marked,  for  or  in  any  passadg 
by  watter,  shall  pay  20^  fine  for  every  such  default,  besides 
what  further  damadge  may  grow  thereby. 
[128]  II  Whereas  much  damadge  &  wast  often  growes  by  fire, 
&  among  other  causes,  the  neglect  of  keeping  chimneyes 
cleane  may  bring  forth  sadd  effects,  not  only  to  the  howse  so 
neglected,  but  sometime  to  neighbours,  it  is  ordered  that  every 
chimney  in  the  towne  in  w^h  fire  is  dayly  kept  shalbe  well  & 
duely  swept  once  every  month  from  September  to  March,  & 
once  every  two  monthes  after,  through  the  whole  summer,  & 
all  other  chimneyes  lesse  vsed,  in  due  pportion,  w^h  worke  & 
service,  Goodman  Cooper  vndertooke  in  court,  &  l)y  order  is 
to  have  4*^  a  time  for  sweeping  every  chimney  that  is  two 
story es  highor  vpward,  &  2''  a  time  for  sweepeing  every  chim- 
ney vnder  two  storyes  high,  to  be  duely  paid  by  all  them  that 
consent  &  agree  that  he  shall  sweepe  their  chimnejes,  but  if 
any  will  doe  it  themselues  or  vse  any  other  in  that  service,  he 
or  they  are  to  take  care  the  thing  be  duely  performed,  accord- 
ing to  the  true  and  full  scope  &  intent  of  this  order ;  And  if 
Goodman  Cooper  come  at  any  time  after  the  month  in  winter 
or  2  monthes  in  summer,  and  find  any  chimney  vnswept  or  ill 
swept  &  so  not  kept  cleane  according  to  this  order,  he  is  ap- 
poynted  to  sweepe  every  such  chimney  well  &  to  have  double 
pay  for  his  worke,  &  if  any  refusse,  vppon  complajnte,  the 
monthly  court  to  proceede  as  they  judge  meete  for  a  contempt. 
And  if  Goodm"  Cooper  neglect  duely  to  sweepe  the  chimnejs 
he  vndertaks  or  any  of  them,  he  is  to  pay  double  for  what  he 
should  receive  for  each  chimney,  as  a  fine  for  his  default. 

It  is  ordered  further  that  every  howse  w'hin  this  plantation 
shall  have  &  contjnually  keepe  &  mayntaine  a  ladder  of  a  con- 
veinient  height  answering  his  howse,  standing  ready  vpon  all 
occassions  to  prevent  or  stop  the  hurt  w^h  may  growe  by  fire 
either  kindling  or  breaking  out  in  any  chimney  or  other  vpper 
pt  of  the  howse  vnder  the  penalty  of  5^  fine  to  be  paid  to  the 
towne  vpon  euery  view  or  due  complainte  of  his  neglect  & 
default  therin. 

It  is  further  ordred  that  fire  hooks  shalbe  made  at  the  chardg 
of  the.towne,  i)i  such,  to  hang  in  some  convenient  place  where 
they  may  bee  kept  drye  &  ready  for  the  vse  of  the  towne  in 
such  times  of  danger,  &  lastly  it  is  ordered,  that  whosoever 
shall  kindle  any  fire  in  his  garden  or  any  part  of  his  howselott 
in  or  about  this  towne,  whether  to  burne  leaues,  straw,  stalks 


New  haven  colony  records.  213 

of  corne,  or  any  kind  of  rubbish  whatsoever,  he  shall  pay  40* 
fine  to  the  towne  for  euery  such  default,  notw^hstanding  any 
excuse  he  can  make  of  his  care  &  attendance,  the  standing  of 
the  winde,  or  calmnes  of  the  season. 

Whereas  the  frameing  &  setling  of  orders  for  regulating  the 
affaires  of  the  plantation  is  of  weighty  concernment  &  every 
member  &  planter  hath  liberty  eith^  to  vote  or  to  offer  light  in 
any  buisines  propownded,  &  that  noe  man  may  p''tend  ignor- 
ance in  any  order  that  concerns  him,  it  is  ordered  that  when 
a  generall  court,  vpon  any  occassion  shalbe  summoned,  who- 
soever makes  not  his  due  apearance,  when  his  name  is  called, 
or  befor  the  secretary  hath  done  reading  their  names,  he  shall 
pay,  every  member  of  the  court,  18^^,  &  every  other  planter, 
12'^  fine.  And  after  the  names  are  read,  whosoever  shall  de- 
part w'hout  leave,  while  the  court  sits,  shall  pay  the  same  fine, 
whether  member  of  the  court  or  other  planter,  as  for  late 
comming  or  totall  absence. 

It  is  ordered  that  whosoever  shall  cut  any  tree  where  the 
spruce  masts  grow,  w^hout  leave  from  the  governour  or  magis- 
trates, he  shall  pay  20'^  fine  for  every  such  default. 

It  is  ordered  that  soe  oft  as  any  publique  occassion  shall 
require,  whether  for  the  mill  or  any  bridge,  cawsey,  building, 
fence,  highwayes,  or  other  worke  w-h  is  of  publique  concerne- 
ment,  or  to  be  done  vpon  the  publique  chardge,  in  every  or 
any  such  case,  the  governo''  or  magistrates  may  on  a  trayning 
day  send  to  the  captayne  for  soe  many  fit  men  as  the  worke 
requires,  or  if  the  service  fall,  or  may  be  well  respited  to 
another  time  when  their  is  noe  trayning,  and  that  fit  men  on 
reasonable  tearmes  cannot  be  had  otherwise,  the  governour  or 
magistrates  may  put  forth  an  act  of  authority,  &  for  the  pub- 
lique good  presse  men  for  the  worke  vppon  just  pay,  &  in  every 
such  case  all  private  contracts  &  ingadgem's  shalbe  suspended 
till  the  publique  ser\T.ce  be  pformed,  &  y»  return  to  y  full 
force  as  if  y^  p'esse  had  not  bin. 

[129]  II  Whereas  a  considerable  part  of  righteousncs  betwixt 
buyer  &  seller  consisteth  in  knowne,  certayne  &  just  weights 
&  measures,  and  whereas  a  halfc  bushell  measure  for  a  stand- 
art,  (according  to  the  agreement  of  the  commissioners  for  the 
vnited  coUonyes,)  is  pcured  &  brought  from  the  Bay,  it  is 
ordered  that  all  corne  measures  be  exactly  fitted  &  conformed 
therevnto,  and  Richard  Miles,  W'"  Davies  &  Nicholas  Elsy  are 
intrusted  &  appointed  to  veiw  &  try  all  measures  vsed  in  buy- 
ing &  selling  corne  by  any  of  the  planters,  farmers,  sojourn- 
ers, or  others  belonging  to  this  towne  &  to  fit  them  to  the  fore- 
mentioned  standart,  &  then  to  marke  them  w^h  the  townes 
burnt  marke  MH  •     And  for  every  bushell  w^h  they  so  fit  & 


214  NEW   HAVEN   COLONY  RECORDS. 

marke,  they  are  to  have  4*^  of  him  to  whome  it  belongs,  &  2^ 
apeece,  for  every  halfe  bushell,  pecke  &  halfe  pecke,  &  2^  for 
every  bushell  w^h  they  only  marke  &  finding  it  fit  doe  not 
cut  it. 

It  is  ordred  also  that  a  standart  be  fitted  for  all  waights  & 
other  measures  as  ell,  yard,  quart,  pinte  &  halfe  pinte.  And 
Richard  Miles,  Joshua  Atwater  &  Nicholas  Elsy  are  appoynted 
to  inquire  for  just  standarts,  agreeing  as  neare  as  may  be  w^h 
London  waights  &  measures,  and  then  to  fit  &  marke  as  they 
may  all  the  waights  and  measures  vsed  in  the  towne  for  buy- 
ing &  sellinge  to  those  standarts.  And  the  treasurer  is  to 
allow  them  for  their  time  in  this  service  out  of  the  townes 
stocke,  &  if  any  planter,  farmer,  sojourner  or  other,  w^hin  the 
limits  of  this  plantation  shall  buy  or  sell  by  any  other  then 
such  tryed  &  allowed  measures  &  weights,  he  or  they  shalbe 
punished  as  the  monthly  court,  w*h  respect  to  the  nature  & 
extent  of  the  offence,  shall  judge  mcete. 

It  is  ordered  that  a  convenient  company  &  number  of  pyks 
be  provided  at  the  townes  chardge,  that  the  military  &  artil- 
lery companyes  may  be  trayned  &  exersised  in  the  vse  of  them, 
but  no  man  herby  to  be  freed  from  providing  &  at  all  times 
continueing  furnished  w^h  all  other  armes,  powder  &  shott,  as 
before  expressed,  &  that  a  chest  be  made  in  some  conveinient 
place  in  the  meeting  howsc,  to  kcepe  the  said  piks  from  warp- 
ing or  other  hurt  or  decayes.  And  Thomas  Munson  and  the 
rest  of  the  Serjeants  vndertooke  to  have  it  done  w^^hout  delay, 
and  Mr.  Peirce  was  appoynted  to  give  out  and  lay  vpp  the 
piks  from  time  to  time,  that  they  receive  noe  damadge  be- 
twixt times  of  service,  &  in  consideration  hereof  &  of  some 
bodjly  weaknes,  he  is  at  present  freed  from  traynings  and 
allowed  to  provide  a  man  to  watch  for  him. 

It  is  ordered  that  when  canvas  &  cotten  woole  may  conven- 
iently be  had,  due;  notice  &  warninge  shalbe  given,  &  then 
every  famyly  w^hin  the  plantation  shall  accordingly  provide, 
&  after  continew  furnished  w'li  a  coate  well  made  &  soe  quilt- 
ed w'h  cotten  woole  as  may  bo  fit  for  service,  &  a  comfortable 
defence  agajnst  Indian  arrowcs,  and  the  taylo''s  about  the 
towne  shall  consider  &  advise  how  to  make  them,  &  take  care 
that  they  be  done  w'hout  vnnecessary  delay.  And  whosoever 
shall  transgresse  this  order  shalbe  fined  to  the  towne  as  the 
monthly  court  shall  judge  meete. 

It  is  ordered  that  the  markett  place  be  forthwith  cleared  <fe 
the  wood  carryed  to  the  watch-howse  &  their  pyled  for  the  vse 
&  succour  of  the  watch  in  cold  weather,  and  the  care  of  this 
buisines  is  committed  to  the  fewer  Serjeants. 

It  is  ordered  that  whosoever  findeth  any  thing  lost  w^h  is  of 


NEW  HAVEN   COLONY  RECORDS.  215 

vallew  &  fit  to  be  restored  to  the  owner,  shall  w^hiii  3  dayes 
deliver  it  to  the  marshall  who  shall  safly  keepe  the  thing,  Init 
w^hall  shall  write  it  downe  in  some  paper  booke  w*h  the  name 
of  the  person  from  whom  &  the  time  when  it  came  to  his 
hands,  &  shall  cry  it  twice  onn  the  lecture  dayes  followinge. 
And,  if  their  because,  a  third  time  on  a  faire  day,  when  the 
greatest  concourse  of  people  may  be  present  &  heare  it.  And 
the  marshall  shall  have  &  receive  from  the  owner,  a  penny  a 
time  for  soe  crying  it.  And  he  shall  also  write  downe  who 
challengeth  &  receiveth  it.  If  it  be  a  liveing  creature  of  any 
kinde,  the  marshall  shall  have  notice  &  shall  cry  &  Ije  paid  as 
before,  but  ho  that  findes  it  or  w*h  whose  cattle  of  any  kinde 
it  falls  in  may  keepe  cfe  feede  it,  that  it  be  preserved,  &  the 
owner  shall  pay  all  just  chardges  for  it.  But  if  any  man  omit, 
neglect  or  refuse  the  scope  &  intent  of  this  order,  the  monthly 
court  shall  proceede  agaynst  him  as  the  ftiult  requireth. 
[130]  II  Whereas  divers  hides  have  bin  spoyled  or  much  hurt 
by  ill  tanninge  to  the  prejudice  both  of  the  owner  &  of  him 
that  shall  weare  or  vse  them,  at  first,  (as  hath  liin  alleadged,) 
for  want  of  knowledge  &  experience  of  the  nature  of  the  barke 
or  tanne  of  this  country,  but  that  beinge  now  so  sufficiently 
knowen  that  every  man  that  vndertakes  or  setts  vp  that  im- 
ployment  may  seasonably  informe  himselfe,  &  therby  prevent 
damadgc  both  to  himselfe  &  others.  It  is  ordered  that  each 
tanner  shall  hereafter  justly  &  fully  allow  &  pay  for  all  de- 
fects &  miscarriadges  in  his  tanneing,  according  to  the  damadge 
proved,  as  in  other  trespasses  w'h  all  due  chardges  if  it  come 
to  publique  try  all. 

It  is  ordered  that  Mr.  Craine,  Mr.  Feirce,  John  Clarke  & 
Henry  Lindoll  shall  veiwe  the  meddowes  called  the  Beaver 
ponds,  &  make  report  to  the  governour  &  the  rest  of  the 
monthly  court  what  they  conceive  concerning  them,  who  vpon 
returne  &  reporte,  shall  have  power  to  dispose  &  proportion 
the  said  meddow  as  they  judge  meete,  to  such  planters  as 
being  freely  remitted  into  small  lotts  have  hitherto  had  noe 
meddow  granted  by  tlie  towne,  &  to  setle  rates  for  them  to 
pay  according  to  each  mans  different  proportion  of  meddow, 
&  that  w^h  respect  to  time  past  &  time  to  come,  W^h  grant 
&  order  the  planters  afforesaid  accepted,  promiseing  to  pay 
rates  accordingly,  only  if  vppon  tryall  they  find  they  cannot 
conveniently  improve  the  said  meddowes,  they  would  forthwith 
returne  them  Ijacke  to  l)e  otherwise  disposed  by  the  towne. 

To  prevent  contention  &  much  inconvenience  Wh  may 
grow  by  secret  promises,  covents,  deeds  of  bargaine  &  sale, 
mortgages  &  other  alienations  of  land,  it  is  ordred  that  a 
booke  of  entryes  shalbe  duely  &  fairly  kept  by  the  secretary, 


216  NEW  HAVEN  COLONY  EECORDS. 

of  all  alienations,  conveyances  &  assurances  of  what  kind 
soever,  whether  of  howses  or  lands  belonging  to  this  plantation, 
w4i  such  limits,  extents  &  descriptions  as  may  conveniently 
be  done,  and  may  vppon  any  question  after,  serve  to  cleare  the 
agreement  &  bargaine,  but  noe  entry  to  Ite  made  but  by  ex- 
presse  order  of  court,  &  every  such  entry  to  bee  accounted 
good  agaynst  according  to  the  intent  &  nature  of  it,  agajnst 
any  former  promise,  covennant,  bargaine,  mortgage,  deed  of 
gift,  or  any  convejance  whatsoever  not  so  entred,  though  all  & 
every  such  promise  or  deede  shall  have  its  just  force  against 
every  person  or  persons  that  made  them,  and  against  any  other 
part  of  his  or  their  estates.  And  before  any  such  entry  passe, 
the  parties  equally  betwixt  them,  or  one  of  them  as  they  have 
agreed,  shall  pay  downe  to  the  treasurer  for  the  townes  ac- 
count, two  shillings  for  the  same. 

To  suppresse  vnnecessary  contentions  partly,  k  partly  to 
ease  puljlique  chardges,  it  is  ordered  that  each  magistrate 
w^hin  this  plantation  shall  keepe  a  book  of  every  warrant  & 
attatchment  given  out  by  him,  &  direct  them  all  to  the  mar- 
shall,  &  that  the  marshall  shall  receive  of  the  plaintiffe  before 
he  serve  them,  eight  pence  for  each  warrant  &  1^  for  each 
attatchment,  of  wch  fees  one  third  part  shalbe  for  his  paines 
in  serveing  them,  over  &  aboue  liis  sallery,  the  rest  he  shalbe 
accountable  for  as  pte  of  his  wages,  &  it  is  further  ordered, 
that  before  any  tryall  in  court  betwixt  pty  &  par  tie,  the  plain- 
tiffe pay  to  the  treasurer  for  the  townes  vse,  three  shillings  & 
fower  pence,  over  &  aboue  the  warrant  or  attatchment,  all 
w^h  chardges  shalbe  finally  borne  by  the  plaintiffe  or  defend- 
ant, or  both  of  them,  as  the  court  shall  judge  meete. 

It  is  ordred  that  every  one  warned  to  the  monthly  court  for 
transgressing  any  order  of  the  generall  court,  &  fownd  an 
offendor,  or  being  warned  for  fines  or  rates  after  they  should 
have  bin  payd  by  the  generall  courts  order,  the  same  haveing 
bin  first  privatly  demanded  by  the  treasurer,  m'^shall,  or  any 
other  officer  o*"  psons  appojnted  for  that  purpose,  shall  pay  to 
the  m"" shall  4*1,  and  that  every  one  vppon  any  occassion  com- 
mitted to  prison,  besides  other  fees,  chardges  <fe  attendance, 
(wch  the  court  will  order  &  judge)  as  the  cause  requireth, 
shall  pay  to  the  marshall  for  turninge  the  key  one  shillinge. 
[131]  11  It  is  ordered  that  a  certayne  quantity  of  planting 
land^  by  the  small  lotts,  on  the  east  or  southeast  side  of  the 
towne,  called  the  Oyster-shell  feild,  shall  by  the  magistrates  & 
deputyes  be  let  out  to  such  planters  as  neede  &  desire  the 
same,  for  seaven  yeares  from  a^  1641,  at  a  moderate  &  due 
rent  to  be  yearly  paid  to  the  treasurer,  for  the  ease  of  publique 


NEW   HAVEN   COLONY  RECORDS.  217 

cliardges,  w=h  was  accordingly  done,  the  rent  from  severall 
psons  amounting  to  about  tenn  pownds  a  yeare. 

Uppon  a  due  consideration  of  the  trouble  &  hinderance  w^h 
sundry,  both  of  this  towne  &  other  plantations  find  &  vndergoe 
in  getting  over  the  East  River,  over  wch  as  yet  there  there  is 
noe  bridge,  it  is  thoiight  meete  &  ordered  that  a  ferry  be  forth- 
with setled,  and  as  it  may  be  continued  for  the  ease  of  such  as 
Iiave  occassion  to  passe  that  river  to  or  from  the  towne,  and 
that  a  shedd  be  made  at  the  townes  chardge,  by  the  wattor 
side,  &  3  acres  of  planting  land  in  the  Oyster  shell  feild,  w'h 
as  much  convenicncy  as  may  bee,  be  lajd  out  for  the  ferryman 
rent  free,  so  long  as  this  court  shall  judge  meete,  wth  an 
abatement  of  rent,  or  some  further  allowance,  (as  the  magis- 
trates and  deputies  shall  see  cause,)  to  Mr.  Brunwing,  who 
from  the  towne  according  to  the  former  order,  rents  that  part 
of  the  Oystershell  feild.  And  it  is  ordered  that  the  ferryman, 
providing  &  maintayninge  a  lardg  &  serviceable  cannow  or 
boate  fit  for  that  service  as  the  court  shall  appojnt,  &  giveing 
due  &  constant  attendance  about  it  every  day  fro  sun  riseing 
to  sun  setting,  (Saboth  dayes  &  times  of  solemne  &  publici^ie 
worsliipps  excepted,)  may  demand  &  receive  of  every  one  he 
carrjeth  or  recarieth  over  the  said  river  at  the  ferry  place,  two 
pence  a  time,  if  there  be  not  aboue  3  passengers,  If  aboue  3 : 
&  not  aboue  6,  he  may  take  three  half  pence  a  person.  If 
aboue  6  to  8  o""  9,  the  fare  to  be  9  pence,  and  for  any  greater 
number,  a  penny  a  person.  And  for  the  further  incouradg- 
ment  of  the  ferryman  in  this  service,  it  is  ordered,  tliat  if  any 
belonging  to  this  plantation  shall  transport  any  person  or  per- 
sons in  any  other  boate  or  cannow  in  the  ferry  way,  (his  owne 
famyly  or  workfolks  as  their  buisines  &  occassions  require  ex- 
cepted,) he  shall  pay  to  the  ferryman  a  penny  a  pson  for  every 
one  so  transported,  but  the  farmers  on  the  east  side  are  left 
free,  either  to  vse  their  owne  cannowes  or  boats,  or  to  agree 
wth  the  ferryman  as  they  can  when  they  have  neede.  And 
Francis  Browne  vppon  the  considerations  before  expressed, 
accepted  the  service  vppon  tryall,  and  became  ferryman  for 
a  yeare  from  the  IG'h  of  June,  1645.  And  after  that  either 
to  continew  or  desist  as  the  court  and  he  shall  see  cause,  and 
his  man  being  lame  &  so  not  able  to  carry  on  the  service  at  all 
times,  he  is  left  to  his  liberty  to  come  to  the  generall  traynings 
as  the  occassions  of  the  ferry  will  permitt. 

Vppon  the  consideration  of  the  hurt  &  misclieife  w^h  is  like 
to  arise  &  increase  by  woolues  &  foxes  seizeing  vppon  sheepe, 
goates,  swine  and  the  smaller  &  weaker  sort  of  great  cattle,  it 
was  formerly  ordered  that  15«  should  be  paid  by  the  treasurer 
to  every  one  that  brings  a  woolfes  head  &  2^  6'^  for  every  fox 
28 


218  NEW   HAVEN   COLONY  RECORDS. 

head,  but  yppoii  a  further  debate,  December  the  8ti>,  1645,  the 
court  being  informed  that  noe  man  attends  this  service  as  his 
imployment  &  busines,  but  improves  oppertunitie  as  he  findes 
it  occassionally,  ordered  that  the  treasurer  henceforward  pay 
only  two  pownd  of  powder  &"4i  of  bullets  or  shott,  or  the  val- 
lew  thereof  for  every  wolues  head  &  one  shilling  for  every  old 
fox  head,  ife  sixe  pence  for  every  younge  one,  to  such  of  this 
plantation  as  w^hin  Newhaven  limits  kill  &  soe  bring  them. 

It  was  granted  to  Mr.  Lamberton  that  he  might  take  in  a 
peice  of  grownd  for  a  yard  to  his  cellar  by  the  west  creeke,  but 
the  quantity  &  limits  to  be  ordered  by  those  that  are  intrusted 
to  admitt  planters  &  dispose  of  lotts,  provided  that  he  pay  for 
the  said  grownd  as  they  shall  set  the  rate,  and  shall  hereafter 
sell  both  that  cellar  &  this  yard  thus  granted  to  whom  &  when 
the  court  shall  appoynte,  and  at  reasonable  price  &  vppon  a 
[132]  further  proposition  &  request  made  since  by  j|  Mr. 
Lamberton,  the  magistrates  &  deputies  w^h  Mr.  Craine  & 
Leiutennant  Seely  were  desired  to  veiw  a  peece  of  grownd 
neare  Mr.  Lambertons  howse,  vppon  the  side  of  the  East 
creeke  for  a  wharfe  &  warehowsc,  &  if  they  judge  it  conven- 
ient, they  may  dispose  of  it  to  Mr.  Lamberton,  he  either  pay- 
ing the  worth  of  it,  or  enjoying  it  for  the  present  &  hereafter 
parting  with  it  to  the  towne  at  such  rate  as  indifferent  men 
shall  judge  meete,  or  vppon  such  other  tearmes  as  they  shall 
conceive  tend  to  the  publiquc  good. 

W™  Pecke,  haveing  but  halfe  a  small  lott  for  a  howselott, 
&  therby  much  streightned,  desired  an  addition  of  twenty 
rodd  of  grownd  over  against  his  howse  by  the  creeke  for  their 
further  conveniency,  wch  on  this  condition  was  granted,  that 
if  the  towne  se  cause  at  any  time  hereafter,  for  publique  vse 
or  respects  to  reasume  it  vppon  allowance  of  such  chardges  as 
sliall  then  bee  judged  meete,  he  shall  resigne  it. 

To  prevent  much  sin  &  inconveniencie  w^h  may  grow  by 
disorderly  meeteings  &  drinkeings,  it  is  ordered  that  none  of 
or  belonging  to  this  plantation  shall  either  directly  or  indi- 
rectly wUiin  their  howses,  cellers  or  other  places,  sell  or 
deliver  out  any  sort  of  wine  or  strong  licquors  by  retayle, 
namely  by  pottles,  quarts,  pintes  or  the  like,  w'hout  cxpresse 
lisence  from  this  court,  vnder  such  penalty  &  fine  as  the 
monthly  court,  vppon  due  consideration  of  the  miscarriadge 
or  contempt  shall  see  cause  to  impose.  And  at  present,  W'" 
Andrewes  and  Georg  Walker  are  allowed  to  drawe  &  sell  by 
retayle,  but  w'h  advice  &  order  that  they  be  carfull  &  circum- 
spect to  whom  &  what  quantities  they  either  deliver  out  or 
suffer  to  be  drunck  in  their  howses,  or  any  place  where  they 


NEW  HAVEN  COLONY  RECOEDS.  219 

draw  or  have  command,  that  disorder  may  be  either  prevented 
or  oljserved  &  punished. 

Mr.  Trowbridge  his  howse  for  want  of  due  &  timely  repaire 
falling  more  &  more  into  decay,  the  court  thought  fit,  for  the 
advantadge  of  the  credito''s  as  shallje  hereafter  ordered  by  the 
court  of  magistrates,  to  sell  it  to  Mr.  Evance  vppon  such  con- 
siderations as  are  expressed  in  a  wrighteing  &  agreement  about 
it,  but  herevppon  Mr.  Evance  propownded  and  desired  the 
court  to  grant  him  the  cellar  formerly  belonginge  to  Mr. 
TroAvbridge  before  his  howse  lott,  but  not  w'hin  the  compass 
of  it,  w4i  some  small  inlardgement  to  build  a  ware  howse 
vppon,  which  was  granted,  provided  that  in  the  whole  it  ex- 
ceede  not  twenty  foote  square.     .     .     F     .     .     .     . 


F:  1645. 


1645]  new  haven  colony  records.  221 

[133]     At   a   Generall  Court  held  att  Newhaven  the 
16°  March  1645. 

The  last  generall  court  held  February  2otii  was  now  read 
&  confirmed,  only  in  that  order  about  Thomas  Fugills  second 
devission,  it  was  neither  granted  nor  propownded  that  Mr. 
Gibbard  should  consider  of  any  exchange  of  land  or  other 
course  for  such  overplus  as  should  Ije  fownd  taken  in  by  him 
vnrighteously ;  this  was  looked  vpon  as  a  miscarriadge  & 
vnfaithfulnes  in  his  place,  that  wUiout  warrant  he  should 
frame  &  pen  an  order  for  his  owne  advantadge,  &  he  there- 
vpon  in  court  presently  Ijlotted  out  those  lynes. 

John  Brocket  haveing,  according  to  the  last  courts  order, 
surveyed  the  land  fenced  in  Ijy  Thomas  Fugill  for  his  second 
devission  &  measured  how  farr  it  lyeth  from  the  towne,  a 
report  was  made  to  the  court  that  it  is  about  2  miles  from  the 
center  of  the  towne,  yet  so  that  f  parts  of  an  acre,  or  60 
rods  of  the  land  inclosed,  is  w^iin  that  distance,  W^h  is 
cxpresely  contrary  to  order,  as  it  was  granted  and  should 
have  bin  entred ;  but  by  survey  it  appears  that  instead  of  24 
acres,  his  full  proportion  for  that  second  devission,  he  hath 
taken  in  52  acres  &  13  rodd.  Being  asked  what  warrant  or 
grownd  he  had  so  don,  he  confest  his  fault  in  fenceing  it  in 
without  a  surveyor,  &  his  sinfull  miscarriadge  in  takeing  in  a 
quantity  soe  farr  above  his  proportion,  but  by  way  of  excusse 
alleadged,  that  his  grant  being  for  cleare  land,  it  would  have 
bin  very  chardgable  had  he  not  carryed  his  fence  to  the  rocke. 
He  was  told  he  had  taken  in  aboue  28  acres  of  cleare  land, 
hath  gon  over  the  river  for  part  of  it,  W^h  he  should  not  have 
done,  &  hath  taken  in  neare  24  acres  of  wooddy  &  hilly  land ; 
w^h  if  it  had  eased  him  in  fenceing,  w^hout  a  grant  from  the 
court  he  ought  not  to  have  don  ;  but  by  the  plott  it  appeareth 
he  might  have  taken  in  24  acres  w^h  lesse  fenceing  then  these 
52  acres  require,  though  the  rocks,  soe  farre  as  they  reach, 
serve  for  a  fence,  and  if  the  place  would  not  have  afforded 
24  acres  of  land  fully  cleare,  he  must  have  taken  it  as  it 
falls,  his  proportion  &  grant  being  noe  more,  and  though  he 
vnderstood  that  some  of  the  church  and  probably  some  of  the 


222  NEW   HAVEN   COLONY  RECORDS.  [1645 

towne,  were  offended  at  this  his  vnjust  course,  yet  in  some 
yeares  he  had  neither  procured  a  survey  nor  advized  w^h  the 
court  about  it  though  from  time  to  time  he  had  sufficient 
oppertunitie. 

This  being  considered  was  fownd  and  judged  a  pubUque 
vnrighteousnes,  &  so  a  publique  offence  &  scandall,  wch  may 
not  passe  w'hout  due  censure,  It  was  remem-  remembred  that 
when  Thomas  Robinson,  one  that  is  noe  planter,  for  remove- 
ing  some  land  marks  in  an  vnrighteous  way  for  his  present 
advantadge  in  the  grass  then  to  be  cutt,  though  he  could  not 
hold  nor  get  the  inherritance,  had  bin  latly  fined  lO^  in  court, 
Mr.  Wackman  &  Leiutennant  Seely  were  therfore  desired  to 
advize  w4i  the  magistrates  and  deputies  whether  this  offence 
be  not  more  proper  for  the  court  of  magistrates  then  for  New- 
haven  monthly  court,  and  onn  the  townes  behalfe  they  were 
ordered  to  prosecute  accordinglie. 

But  the  court  was  further  informed,  that  besides  the  for- 
mer vnrighteousnes  in  the  quantity  of  land,  a  small  part  lying 
w^hin  2  miles,  he  had  severall  wayes  offended  &  falsified 
orders  ;  in  entring  this  order  made  November  the  29*''  1641, 
the  grant  in  the  substance  was  this,  that  he  should  have  his 
second  devission  of  the  cleare  grownd  by  the  west  rocke,  pro- 
vided it  were  not  w^hin  the  2  mile  nor  granted  to  any  other, 
&  by  sundry  in  court  it  was  remmembred  that  he  was  bownded 
k  limitted  w^hin  2  rivers ;  but  in  his  booke  of  noates  then 
taken  in  court,  he  hath  left  out  the  2  mile,  hath  mentioned 
nothing  of  the  rivers  and  hath  added  (or  so  much  as  he 
desires),  of  w«=h  clause  he  can  give  noe  satisfying  reason;  it 
was  neither  by  him  so  propownded,  nor  was  it  any  part  of 
the  courts  order.  And  as  whereas  besides  his  booke  of  noats, 
before  mentioned,  he  keepes  two  other  books,  wherof  the  lat- 
ter is  to  be  a  faire  and  lasting  recorde,  besides  the  former 
materyall  defects  they  differ  from  his  booke  of  noates  in  other 
respects.  In  both  of  them  that  clause  (if  not  granted  to  any 
other)'  is  left  out,  &  a  clause  is  added  in  such  manner,  &  w^h 
such  circumstances  as  gives  much  offence. 
[134]  II For  Mr.  Cheevers  &  Mr.  Wackman  heareinge  of  his 
vnrighteous  inclosure  desired  to  se  how  the  grant  was  penned, 


1645]  NEW   HAVEN   COLONY   RECORDS.  223 

Mr,  Clieevers  read  it  in  Mr.  Wackmans  &  Thomas  Fiigills 
hearing  ;  he  is  assured  &  knoweth  that  at  that  time  the  order 
ended  ^v^\i  these  words,  or  as  much  of  it  as  he  desires.  Mr. 
Wackman  conceiveth  that  clause,  (according  to  his  pportion,) 
was  not  then  in  the  booke,  they  botli  afhrme  that  vpon  that 
grownd,  Mr.  CheeVs  tould  Tliomas  Fugill  that  the  order  was 
vnhmitted  &  not  easily  transgressed  &  seemed  to  marvayle 
men  should  speake  of  his  takeing  in  too  much  land,  but 
added,  yo"  meane  according  to  yo''  proportion,  Thomas  Fugill 
closed,  both  that  that  was  his  mcaninge,  (yet  said  not  it  was 
soe  cntred  or  written,)  and  that  men  would  be  talkeinge.  Mr. 
Clieevers,  when  they  were  gon  from  Thomas  Fugills  howse, 
repeated  the  order  to  Mr.  Wackman,  &  presently  after  wrott 
it  downe,  according  to  w^h  he  reported  to  Leiutennant  Seely 
how  it  was  entred,.who  confidentlye  replyed  that  the  entry  soe 
made  was  a  falce  entry.  This  soone  came  vnto  Tho'"  Fugills 
knowledge,  but  when  the  book  came  after  to  be  veiwed,  the 
line  affording  roome,  these  words  were  added,  (according  to 
his  proportion,)  but  w'h  other  pen  &  inke,  a  lesse  character  & 
crooked,  as  w'h  a  trembling  hand.  The  booke  vppon  occassion 
being  brought  &  left  w^h  the  governo"",  Mr.  Cheevers  observed 
&  was  offended  at  this  alteration,  and  at  a  meeteing  w'h 
Thomas  Fugill  before  the  governour  &  elders,  questioned  him 
about  it;  Thomas  Fugill  begininge  to  justiiie  himselfe,-the 
governour,  to  prevent  further  rashnesse  and  sinfuU  expres- 
sions, by  way  of  caution  told  him  the  book  was  w4iin,  &  he 
had  veiwed  it,  and  if  he  could  judge  of  writing,  these  words 
were  added  &  written  after  the  former  part  of  the  order  w^h 
other  pen  &  incke,  &  wUi  a  different  character,  notw'hstanding 
w^^h,  Thomas  Fugill  boldly  replied,  that  if  the  goveno''  would 
give  it,  he  would  presently  take  oath  they  were  written  at  one 
&  the  same  time  w'^h  the  rest,  Ijut  the  booke  being  brought  out, 
the  difference  was  so  apparent  that  Thomas  Fugill  was  forced  to 
chang  his  expressions  &  said  he  would  take  oath  it  was  not 
written  since  Mr.  Cheevers  saw  &  read  the  order,  herevpon  his 
second  booke  was  sent  for,  out  of  w^h  this  record  was  coppied, 
and  therein  also,  (the  line  affording  roome,)  the  same  words 
seemed  to  be  added,  the  difference  in  writinge,  (though  not  soe 


224  NEW  HAVEN  COLONY  EECORDS.  [1645 

miicli  as  ill  the  great  booke,)  was  cleare  &  evident,  w^li  miscar- 
riadge  of  his  gave  offence  to  all  present ;  but  this  second  booke, 
being  by  the  governour  &  elders  since  veiwed,they  severally,  but 
each  of  them  stronly,  apprehended  that  a  pen  &  blacker 
incke  hath  bine  drawne  over  it,  their  being  now  either  none  or 
a  difference  so  small  as  is  scarce  disccrnable,  yet  Thomas 
Fugill  being  questioned,  againe  &  againe  denieth  it. 

The  governour  informed  the  court,  that,  being  offended  at' 
the  former  recited  passadges,  the  next  time  Thomas  Fugill 
came  vnto  him  he  warned  him  in  private  of  his  bold  &  sinfull 
way' of  protestations  &  offering  to  take  oath,  as  if  by  confident 
contradictions  he  would  drive  men  from  the  truth  they  knew, 
and  besides  the  former  passadge,  instanced  in  a  case  betweenc 
Thomas  Fugill  &  old  Goodman  Wilmott,  minding  them  of 
that  rule,  let  your  communication  be  yea,  yea,  nay,  nay, 
oathes  even  in  certayne  truthes  are  not  lawfuU  till  they  be 
necessary  and  duely  called  for.  Profane  men  indead  in  other 
places  who  litle  attend  truth,  thinke  they  must  swere  that  they 
may  be  beleived,  and  in  his  case,  it  would  be  noe  other  then 
a  high  breach  of  the  3*^  commandement.  Thomas  Fugill  justi- 
fied his  offereing  to  take  oath  to  Goodman  Wilmott  in  regard 
of  the  truth  in  question  betwixt  them  ;  and  for  the  former 
passadge  about  addeing  the  words  in  the  great  booke,  at  first 
said  he  offered  to  take  oath  it  was  not  done  since  Mr.  Cheevers 
read  the  order,  but  being  minded  of  the  former  perticulers,  he 
[135]  seemed  convinced  &  acknowledged  ||it  was  his  sinfull 
rashnesse,  yet  in  court  began  againe  to  turne  &  winde,  &  so  to 
evade  the  governo'"s  testimony,  but  gave  noe  satisfaction. 

The  premises  being  duely  considered,  some  of  the  members 
of  the  court  &  towne  propownded  whether  it  were  not  requi- 
site &  necessary  to  choose  another  secretarie,  who  might  more 
faithfully  enter  &  keepe  the  townes  records.  The  secretarie 
confessed  his  vnfitnesse  for  the  place  by  reason  of  a  low  voyce, 
a  dull  eare  &  slow  apprehensions.  He  was  answered  the  the 
court- had  longe  taken  notice  of  sundry  miscarriadges  through 
weakncsse  o""  neglect,  yet  in  tender  respect  to  himselfe  &  his 
famylie,  they  had  continued  him  in  the  place,  (though  w'h 
trouble  to  others,)  a  review  of  orders,  before  these  offenses 


1645]  NEW   HAVEN    COLONY   RECORDS.  225 

brake  out,  being  vppon  that  consideration  thought  necessarie 
&  ordred.  But  vppon  this  discouery  of  vnfaithfuhiesse  & 
falsyfying  of  orders  &  records,  they  were  called  to  lay  aside 
those  private  respects,  for  the  publik  saftie.  By  the  court 
therfore  he  was  presently  put  out  of  his  office  of  secretarie 
for  this  plantation,  but  the  court  not  being  prepared  to  make 
a  new  choyse  so  suddenly,  Mr.  Francis  Newman,  Mr.  Richard 
Pery  &  brother  John  Clarke  were  intreated  to  take  noats  of 
what  should  be  propownded  &  ordred  in  the  remayning  part 
of  this  court,  &  so  of  the  next  monthly  court  Aprill  the  7*'', 
&  severally  to  draw  vpp  each  court,  fit  for  a  record,  that  this 
court  may  have  a  tryall  of  their  sevcrall  alnlities,  &  in  due 
season  may,  w4i  better  satisfaction  to  themselues,  proceede  to 
a  new  elexion. 

But  notwithstanding  all  the  former  discoveries  &  proceed- 
ings, Thomas  Fugill  in  the  close  of  the  day  being  called  to 
read  his  noats  about  those  first  passadges,  his  entry  about  the 
secretaries  office  runs  thus,  (It  was  propownded  whether  the 
court  will  chuse  another  secretarie,  because  Thomas  Fugill 
hath  bin  defective  in  his  place,  it  was  agreed  that  a  new  one 
be  chosen,)  w^h  being  so  directly  contrary  to  the  expressions, 
carriadge  &  conclussion  of  the  court,  gave  further  offence. 

It  was  ordered  that  the  old  deputies  shall  continew  this  halfe 
yeare  to  come,  &  then  in  October  next  at  the  new  choyse  dep- 
uties are  to  be  chosen  for  a  whole  yeare  as  the  magistrats 
are. 

Mr.  Browning,  Mr.  Ling,  W'"  Payne,  Thomas  Knowels, 
Jw^  Hall  <fe  Mr.  James,  vppo"  their  request  &  their  occassions 
being  knowne  to  the  court,  had  leave  for  to  depart  the  court. 
It  was  propownded  that  the  free  gift  of  corne  to  the  col- 
ledge  might  be  continued  as  it  was  the  last  yeare  &  it  was 
granted. 

Mr,  Atwater,  the  present  treasurer,  informed  the  court  that 
he  had  sent  from  Connecticott  fortie  biishells  of  wheat  for  the 
colledge  by  Goodm^  Codman  for  the  last  yeares  gift  of  New- 
haven,  although  he  had  not  received  soe  much. 

Brother  Abraham  Bell  &  brother  Mathew  Camfeild  were 
chosen  collecto''s  for  this  present  yeare  for  the  gift  of  corne  to 
29 


226  NEW  HAVEN  COLONY  RECOEDS.  [1645 

the  coUedge,  and  wompom  was  allowed  to  be  paid  by  those 
that  had  not  come  to  pay  in,  each  pecke  of  corne  being  val- 
lued  12*^  &  2  o""  3  monthes  time  was  allowed  for  men  to  bring 
it  in  to  the  collector's  in. 

It  was  propownded  that  Edw :  Chipfeild  might  have  libertie 
to  make  bricks  in  the  playnes  vnder  the  West  Rocke  to  W^h 
their  is  a  good  highway,  which  was  allowed  off. 
[136]  II The  court  was  informed  that  sundry  swine  had  bin 
killed  by  the  Indians  doggs,  and  vppon  the  demand  of  dam- 
adges  they  promised  to  kill  their  doggs,  &  have  brought  the 
heads  of  7  o^'  8,  &  hervppon  desired  that  if  the  English  swine 
doe  trespasse  them  they  may  also  be  satisfied  for  the  same,  or 
rather  pi'vent  their  swine  fro'»  trespassing  them.  Leiut  Seely 
herevppon  informed  the  court  that  the  Sagamore  told  him  he 
durst  not  acquaynt  him  who  had  mischeivous  dogs  yet  alive, 
because  they  would  poyson  him.  Leiut  Seely  was  herevppon 
requested  to  learne  the  names  of  such  as  the  Sagamore  feared 
&  had  doggs  left  &  returne  y"  to  the  governour. 

It  was  propownded  (that  seing  we  have  a  miller  that  gives 
content  to  the  towne,)  that  we  might  have  a  loader  alsoe.  20^ 
a  yeare  was  offred  by  Capt.  Malbon  to  any  that  would  vnder- 
take  it,  &  he  would  find  them  wUi  two  horses  &  keepe  them 
w^h  meate,  only  he  should  tend  them,  or  els  he  would  allow 
40^  a  yeare  &  y^  loader  should  find  2  horses  w^h  meate  all  the 
yeare,  &  he  further  said  if  any  man  would  vndertake  the  for- 
mer worke,  he  would  carrie  the  towne  corne  to  mill  for  l^^^ 
F  bushell.     This  was  refferred  to  consideration. 

Whereas  at  the  last  gennerall  court  it  was  propownded  that 
a  bridge  might  be  made  over  Newhaven  River  going  to  Conn- 
ecticott,  viewers  were  chos",  &  vppon  view  have  fownd  a  con- 
veynient  place,  aboue  a  mile  &  halfe  above  the  old  passadge. 
Bro.  Andrewes  &  bro.  Munson  require  4^  10^  for  the  carpen- 
ters worke  &  carriadge,  &  they  thought  20 »  might  serve  for  to 
fit  the  banks  for  passadge.  John  Thomas  promised  to  helpe  doe 
that,-&  as  soone  as  possibly  may  bee. 

It  was  ordered  it  should  be  don,  &  that  a  surveyor  looke  onn 
it  &  lay  out  a  way  from  the  place,  that  the  farmcs  might  not 
be  damadged  l)y  passengers  that  goe  &  come  that  way. 


1645]  NEW   HAVEN   COLONY  RECOEDS.  227 

It  was  propownded  that  sister  Lampson  should  be  provided 
for  at  the  townes  chardge,  so  farr  forth  as  her  husband  is  not 
able  to  doe  it. 

It  was  ordred  the  last  gennerall  court  that  men  &  weomen 
should  be  seated  in  the  meetinghowse,  therfore  it  was  pro- 
pownded that  all  the  seats  be  finished  for  feare  of  want  of 
roome  &  to  avoyd  offence. 

It  was  formerly  ordred  &  now  againe  spoken  to,  that  euery 
one  turne  their  swine  &  other  cattle  the  same  way  their  land 
lyeth. 

It  was  ordred  that  euery  man  throughout  the  towne  repaire 
and  mayntayne  the  highwayes  before  their  homelotts  the 
breadth  of  two  rodds. 

It  was  propownded  that  noe  calues  goe  in  the  cowes  walke, 
namely  the  cowes  &  ox  pasture,  not  intending  the  farmes  on 
ye  east  side. 

It  was  ordred  vppon  Goodman  Dightons  information  of  the 
court  of  a  good  place  for  the  feede  of  calves  vnder  the  West 
Eocke  or  beyond  it,  that  it  should  be  viewed,  &  himselfe  was 
intreated  to  goe  &  shew  the  place  he  intended,  that  it  might 
be  knowne  whether  it  will  answere  the  end  or  noe. 

Complaynts  being  made  of  some  mens  putting  their  calves 
in  the  spring  &  fall  into  the  meddowes  to  the  prejudice  of 
them,  it  was  thought  to  be  a  transgression,  but  refferred  to 
private  consideration. 

[137]  II  Bro :  W™  Thompson  complayninge  of  damadge  don  to 
his  [meddowesJi  for  want  of  his  neighbours  fenceinge,  &  a 
peece  of  wast  grownd  lying  w^hout  him  of  ^  an  acre,  he 
desired  it  might  be  granted  him :  bro :  Myles  &  bro :  Hen : 
LyndoU  were  desired  to  view  it  &  to  returne  their  thoughts 
to  the  court  concerninge  it,  so  that  if  the  land  exceede  not 
the  quantity  mentiond,  he  might  have  it  if  it  prove  not  to 
the  damadge  of  the  towne  or  the  prejudice  of  the  highway. 


Bro  :  Wackman  &  bro :  Cheevers  were  chosen  deputies  for 
the  jurisdiction  court  in  Aprill  next. 


228  NEW  HAVEN  COLONY  RECORDS.  [1645 

It  was  ordred  that  Leiut.  Seely  should  have  6  acrs  of  med- 
dow  added  to  his  pportioii  &  next  to  the  sea  by  the  black  rocke. 

It  was  ordred  that  those  persons  whose  names  are  vnder 
written  slialbe  viewers  of  the  fences  about  the  tow"  y^  ^ext 
yeare. 

Tho™  Nash  &  Eici>  Pery,  for  Mr.  Batons  &  Mr.  Davenports 
quarter ;  Jno.  Cooper  &  Christopher  Todd  for  Mr,  Newman  & 
Mr.  Brownings  quarte ;  Jno  Ponderson  &  Tho"'  James  for  Mr. 
Evance  quarter;  Jerimy  Whitnell  &  serjt  Jn°  Nash  for  Mr. 
Gregsons  quarter ;  Hen :  Lindoll  &  Roger  Allen  for  Mr,  Lam- 
bertons  quarter ;  Jn"  Mosse  &  Jn°  Walker  for  the  Oyster  shell 
feild;  Jn°  Clarke  &  Corp^  Whithead  for  the  suburbs  qu'"ter; 
'  William  Bradley  &  John  Thompson  for  the  farmes. 

It  was  ordered  that  the  perticuler  court  &  cheife  military 
officers  should  consider  whether  it  be  meete  for  watchmen  to 
sleepe  that  are  on  the  guard  or  noe,  also  whether  lesse  then 
seaven  may  not  be  sufficient  to  watch  in  one  night. 

It  was  propownded  by  captayne  Malbon,  that  if  a  con- 
veynient  companny  of  the  trayne  band  would  of  themselues  be 
willinge  to  bring  their  amies  and  attend  the  service  on  the 
Lords  dayes  &  Lecture  dayes,  &  the  lik  vnder  a  penaltie,  ap- 
poynting  sentinells  in  their  course  from  amongst  th"iselues, 
might  not  be  freed  from  walking  the  rownds,  &  have  libertie 
and  conveyniencye  of  seats  made  &  appoynted  in  the  meeting 
howse  for  that  service  &  the  walking  the  rownds  to  be  supplyed 
by  them  of  the  towne  that  bring  not  their  amies  constantly. 

It  was  ordered  that  the  way  to  the  oxe  pasture  be  where  it 
is  now  layd  out,  although  not  formerly  soe  intended. 

It  was  desired  that  a  view  might  be  made  of  the  land  behind 
Mr.  Wackman  &  Mr.  Goodyears  quarters,  in  the  reare  of  their 
devizions.  Alsoe  what  land  lyeth  behind  the  Yorkshire  quar- 
ter for  ye  small  lotts. 

It  was  propownded  whether  any  should  watch  in  the  towne 
whose  dwellings  were  a  mile  out  of  the  towne,  also  whether 
those  that  had  noe  bowses  nor  estats  in  the  towne  should  serve 
therin.  This  was  refferred  to  the  perticuler  court  &  the  cheife 
military  officers  consideration. 

It  was  propownded  by  brother  Thomas  James  that  his  sec- 


1646]  NEW   HAVEN    COLONY   RECORDS.  229 

Olid  devizion  might  be  laid  out,  this  was  referred  to  considera- 
tion. 

[Next  on  page  138  follow  the  names  of  sundry  persons  who  :it  different  times  took 
the  oath  of  fidelitj',  which  have  been  already  printed  on  pages  140  and  141  of  this 
volume,  and  then  succeeds  an  entire  blank  page.] 


[138,  bis.;\        [A  Court  holden  April  7ti>,  1646.] 

A  difference  betwixt  some  of  Guilford,  for  wliom  Mr.  John 
Caffinch  stood  plaintiffe,  &  Elias  Parkman  of  Windsor,  for 
whom  bro :  Jn^  Benham  stood  defendant,  was  p^sented  to  the 
court,  but  testimony  not  being  p''sent  for  either  side  it  was 
respited. 

Bro:  Tlio'n  Beamont  hath  sold  his  homelott  lyeing  next 
viito  Robert  Pigg  by  allowance  of  the  court  viito  the  said 
Robert  Pigg. 

Samuell  Marsh  being  complayned  of  for  absence  &,  late 
comming  to  traynings,  Mr.  Crayne  gave  some  answere  for  him, 
but  it  was  respited  till  he  doe  appeare  to  answere  for  himselfe. 

Thomas  Tobie,  Robert  Ysher,  W^"  Andrewes,  W™  Fancye 
&  Theophilus  Higginson  were  complayned  off  for  disorderly 
drinking  strong  licquors  to  the  abuse  of  some  of  them,  so  farr 
as  that  they  lost  the  vse  of  their  senses. 

Tho'"  Tobie  said  that  it  was  true  he  fasting  &,  watching  y^ 
day  &  night  afore  &  not  being  acquaynted  w4i  the  nature  of 
the  licquoir,  drinking  thrice  of  the  bottle,  was  overcom  by  it, 
so  that  he  had  not  the  vse  of  those  abilities  that  elce  he  might 
have  improved,  but  was  carryed  vp  to  bedd  by  two,  w^h  he 
desireth  to  owne  as  his  sinne  &  shame. 

Robert  Ysher  acknowledged  he  dranke  soe  much  as  that 
going  into  the  ayre  it  wrought  soe  on  him  that  he  had  not  the 
ordring  of  his  tongue  nor  feete. 

W"!  Fancy  owned  it  as  his  sin  his  oft  drinking,  being  that 
at  the  first  he  felt  it  hott  in  his  throate,  but  he  was  not  dis- 
tempred,  howeu"^  submits  to  y^  court. 

W"i  Andrewes  junio''  confessed  he  was  as  a  meanes  & 
occassion  of  this,  w'^h  he  desireth  to  owne  as  his  sin,  but  he 
intended  only  refreshing  them. 


230  NEW   HAVEN   COLONY  RECORDS.  [1646 

Theophiliis  Higginson  said  he  dranck  three  times,  but  he 
not  loveing  of  it  tooke  but  litle. 

For  w^h  disorder  of  all  &  distemper  of  some,  they  were  all 
fined,  vizd  Tho"»  Tobie,  Eobert  Yslier  &  W"!  Andrewes  junio'' 
20s  each  of  them,  W'"  Fancy  10^  &  Theophilus  Higginson  5^. 

Corporall  Leavermore  being  complayned  of  for  his  mans 
defect  in  want  of  a  rest,  sword,  worme  <fe  scourer,  but  haveing 
procured  som  &  pi'omising  to  provide  the  rest  as  soone  as  pos- 
sibly he  can,  was  fined  but  1^, 

Serjeant  Munson  being  complayned  of  for  taking  away  3 
hands  fro™  traynings  to  goe  fetch  hay,  he  alleadging  a  promise 
to  have  had  it  don  while  he  was  gonn  to  Moheigin,  &  after  he 
came  home,  but  being  putt  of  &  in  hazard  whether  he  should 
gett  cannowes  or  the  like  to  doe  it,  &  if  he  had  not  imbraced 
that  oppertunjty  he  could  not  have  had  hands  to  helpe  him  & 
considering  it  was  don  on  a  shewing  day  after  they  had  shewed 
their  armes  he  was  fyned  2^  each  person. 


[139]     [  ] 

Richard  Fery  chosen  secretarie  for  the  court  of  Newhauen 
vntill  October  next. 

Francis  Browne  had  liberty  to  depart  the  court,  to  helpe 
some  cattle  over  the  river. 

Brother  John  Herryman  received  the  chardge  of  a  freeman. 

Consideringe  the  state  of  the  jurisdiction  &  the  righteous- 
nesse  the  towne  is  bownd  to  attend  in  payment  of  severall 
debts,  which  for  the  p^'sent  were  due,  it  was  thought  meete 
that  a  new  rate  be  assessed,  and  that  it  be  paid  w^hin  a  month, 
&  that  the  halfe  yeare  rate  due  in  October  be  paid  into  the 
treasurer  in  June  &  July  next  ensueing  at  farthest,  in  monny, 
beaver,  corne  or  wompom,  in  butter  or  cheese  &  great  cattle 
moderatly  pi'ised. 

It  was  propownded  by  the  governo""  that  each  person  that 
hath  land  or  doth  rent  any  this  yeare  in  the  necke  doe  bring 
in  their  quantities  to  the  govern'',  &  how  he  will  improve  it 
this  yeare,  before  the  first  of  May  next  or  before  he  put  in  any 
cattle  into  the  necke,  vnder  the  penaltie  formerly  setled,  and 


1646]  NEW   HAVEN   COLONY   RECORDS.  231 

that  bro:  Cooper  drive  the  necke  the  17ti»  of  this  instant 
Aprill  &  afterwds  whose  cattle  soeuer  be  fownd  there  they 
being  pownded  shall  pay  ¥  the  owner  6''  a  head  as  F  a  former 
order. 

It  was  desired  that  those  that  desire  right  in  the  Beaver 
Ponds  should  issue  their  thoughts  about  it  w^hin  a  month,  & 
if  they  doe  not,  no""  give  in  their  mynds  to  the  governo'',  it  is 
to  be  left  to  the  courts  dispose. 

It  was  granted  that  brother  Wn»  Thompson  might  fence  in 
his  meddow  &  the  small  parccll  of  land  straight  from  the  quar- 
ter to  the  causey  with  it. 

Brother  Wackman  &  brother  Seely  were  desired  to  view 
that  meddow  Mr.  Goodyeare  desireth  at  his  farme,  &  to 
returne  their  thoughts  of  it  to  the  court. 

Brother  W«i  Tharpe  was  spared  from  future  traynings,  with 
respect  to  the  weaknesse  of  his  boddy. 

Brother  Francis  Newman  &  bro:  Crayne  were  desired  to 
view  a  peece  of  grownd  which  brother  Leeke  desireth  to  build 
a  shopp  onn  agaynst  his  howse. 

It  was  ordered  that  the  surveyours  of  the  highwayes  doe 
view  them,  &  returne  the  names  of  those  that  are  defective 
either  for  cart  or  foote. 

It  was  ordered  that  each  man  mayntayne  a  good  way  before 
his  howse  lott  throughout  the  towne,  whether  it  be  for  cart  or 
foote. 


[140]     [  ] 

Mr.  Brownings  son  wanting  a  gune  &  sword,  his  case  being 
such  as  his  amies  were  sold  before  winter,  his  intents  being 
to  have  gon  for  England,  &  pmising  to  provide  agaynst  the 
next  trayning  day,  his  fine  for  p^sent  was  remitted. 

Ambrosse  Sutton  being  defective  in  his  armes,  y''  mayne 
spring  of  his  gune  being  naught,  was  fyned  12''. 

Goodm"  Whitnell,  defective  in  worme  &  scourer,  was 
fyned  1^ 

Goodman  Lampson,  for  a  defect  in  y^  length  of  his  rest  was 
fyned  6"^. 


232  NEW   HAVEN   COLONY  RECORDS.  [1646 

The  towiies  fence  being  complayned  off  as  defective  wUiin 
Mr.  Davenports  quarter,  towards  y^  Mill  River,  w^h  was  don 
by  Jn°  Mosse  &  Timothy  Ford,  they  submit  to  the  prising 
their  fence,  &  yeald  it  vpp  to  the  towne,  wh  was  vallued 
at  ^  "i  p  rodd  &  was  in  all  ^  rodds,  as  p  the 
views  noat  appears. 

Brother  Crayne  haveing  sett  vpp  some  fence  before  any 
court  order  was  made  for  the  sises  of  posts  &  rayles,  it  being 
now  fownd  defective,  it  was  appoynted  that  his  accompt  be 
viewed  &  so  to  see  the  pportion  betweene  the  fence  &  the  prise 
paid  for  it. 

Timothy  Ford  was  complayned  of  for  his  powder  being  short 
in  waight  &  dusty  &  soe  not  serviceable  as  it  ought  to  bee,  was 
fyned  2^  6'i. 

Robert  Emery  for  his  defective  fence  of  his  gune,  fyned  1^. 

Jn"  Cooper  wanting  a  rest  was  fyned  6<^ . 

John  Gibbs  defective  in  his  gun  fyned  6*1. 

Robert  Vsher  defective  in  y^  sockett  of  his  peece  fyned  1^. 

Benjamin  Hill  defective  in  scourer,  but  being  warned  to  y^ 
court  he  neith""  acquainting  his  master  w'h  it  nor  appearing, 
it  was  counted  a  contempt. 

Samuell  Wilson  wanting  worme  &  scourer  &  rest  was  fyned 
6^,  considring  he  had  notice  given  him  of  providing  &  he 
doing  it  not. 

Tho'"  James,  his  scabbord  being  too  short  fyned  6^. 

Natha:  Seely  defective  in  scourer  fyned  6'i. 

Bro.  Davis  for  3  men  of  his  being  defective  in  bulletts  & 
one  in  match,  for  wh  he  was  fyned  20^. 

W"»  Wooden  defective  in  powder  fyned  12^. 

Bro.  lues  wanting  a  scourer,  )  ^^^^^  .^^  g,^ 

Bro.  Mitchel  wating  a  gun  sticke,  ) 

Goodman  Osborne  defective  bulletts,  scourer,  worme  &  rest, 
but  being  now  supply ed  was  fyned  but  5^. 

Samuell  Daighton  wanting  all  amies,  but  he  being  latly 
come  to  towne  &  at  p^'sent  provided,  it  was  passed  by. 

James  Bishopp  defective  in  his  rest  fyned  6^. 

Tho'»  Beech  defective  in  his  rest  fyned  6'^. 

Tho™  Knowles  defective  in  his  rest  was  fyned  6'',  &  he  not 


1646]  NEW   HAVEN   COLONY   EECORDS,  233 

haveing  paid  a  former  fine  was  ordred  to  cleare  it  before  tlie 
next  court. 

Samuell  Marsh  being  seeking  cowes  during  his  absence 
from  traynings,  it  was  accepted  of  the  court  as  a  sufficient 
excuse. 

Goodman  Plat  hath  sold  6  accres  of  meddow  on  the  west 
side  vnto  Roger  Allen,  w^h  meddow  lyeth  next  above  Mr.  Gib- 
bard,  in  a  peece  of  meddow  called  .an  island,  &  the  West  River 
runcth  vpp  on  the  other  side  thereof. 

[141]  II  Goodman  Piatt  hath  sold  about  11  acr.  ^  of  vpland 
to  Mr.  Jno  Wackman  &  John  Gibbs  w^h  fronteth  against  Mr. 
Evance  quarter  &  is  bownded  on  the  reare  by  Jn^  Gibbs  & 
Hen:  Glovers  lotts,  &  lyeth  betweene  Mr.  Wackman  &  Mr. 
Bracys  lotts. 

Goodm"  Piatt  hath  sold  all  his  land  in  the  Necke  to  W'" 
Thompson. 

Goodman  Piatt  hath  sold  2  acr:  of  meddow  to  Tho™  Fugill. 

Richard  Hull  hath  sold  6  acr  of  vpland  vnto  W™  Thompson, 
which  fronteth  towards  the  subburbs  quarter,  &  lyeth  at  that 
end  of  his  lott,  &  is  betweene  W'"  Preston  &  Henry  LindoU 
lotts. 

The  Governour  being  informed  of  severall  leawd  passadges, 
ordered  W>n  Fancy  to  appeare  w^h  his  wife  at  the  Court,  to 
answere  for  them.  The  examjnations  of  Goodm"  Fancy  &  his 
wife  following  were  read  in  court,  viz'^. 

Goodwife  Fancye  examined  the  ll^'i  Aprill  (46)  said  that, 
1.  About  two  yeares  since  working  for  Goodwife  Robinson, 
being  alone  in  the  cellar  with  Tho'"  Robinson  her  husband,  he 
tooke  hold  of  her,  put  downc  his  owne  breeches,  put  his  hand 
vnder  her  coates,  &  w'h  strength  &  force  labored  to  satisfie  his 
lust,  &  to  defile  her,  indeavoring  to  throwe  her  downe,  &  when 
shee  began  to  cry  out,  he  stopt  her  mouth,  but  some  of  the 
shipmen  occassionally  calling  him  away  he  left  her  for  that 
time. 

2.  When  they  lived  in  Leiut.  Seely's  cellar  shee  going  into 

the  planted  lott  to  fetch  in  a  barrow  full  of  wood,  Indian  come 

being  then  &  there  growne  man  high,  hearing  a  noyse  amongst 

the  stalks  of  corne  &  lookeing  about  shee  saw  Tho"i  Robinson 

30 


234  NEW   HAVEN   COLONY   RECORDS.  [1646 

&  said  viito  him,  goe  &  be  hanged,  what  doe  you  here,  but  he 
fastened  vppon  her,  strove  to  have  kissed  her,  but  vppoii  her 
hallowing  or  crying  out,  (tliough  the  winde  being  high  she 
conceiveth  she  was  not  heard,)  he  left  her. 

3.  Another  time  being  at  worke  there,  Goodwife  Robinson 
desired  her  to  goe  into  the  lott  to  gather  pompions,  &  there  he 
agayne  attempted  the  like,-  but  she  resisted  &  told  him  these 
practises  of  his  would  not  long  be  hidd. 

4.  After  this  againe  she  going  forth  to  catch  a  hen,  he  came 
■  &  put  down  his  breeches,  strove  to  stop  her  mouth,  but  she 

makeing  a  noyse,  her  husband  came  forth  of  the  cellar,  & 
Robinson  seing  him  left  her. 

After  this  W^  Fancy  lived  at  Tho™  Clarks  howse,  Tho™ 
Robinson  came  thither,  this  examinate  saith  she  seing  him 
comminge,  &  fearinge  his  filthy  lustfull  attempts,  gott  &  stayed 
out  of  the  howse.  Robinson  prayed  her  to  come  in,  proffessing 
he  came  with  noe  evill  intent,  but  to  make  peace  w^h  God  & 
her,  she  told  him  her  liusband  knew  of  his  filthy  leawd  car- 
ryadges,  he  must  therfore  make  peace  with  him;  this  was 
about  12  monthes  since. 

Notw'hstanding  all  former  passadges,  Tho"^  Robinsons  wife 
wanting  help  in  her  childbed  state,  he  impudently  desireth 
Goodie  Fancy  to  keepe  her,  she  sends  him  vnto  her  husband, 
&  he,  considring  the  weomans  neede,  consents.  After  she  had 
bin  there  a  weeke,  her  husband  asked  her  how  Robinson  car- 
ryed  himselfe,  she  answered  she  thought  he  was  become  a  new 
man ;  but  the  second  weeke  he  returned  to  his  former  filthy 
course.  Goodwife  Fancy  going  forth  with  him  into  the  cow 
howse  in  the  evening  to  hold  the  lanthorne  while  he  couglit  a 
hen  for  his  wife,  he  suddenly  darkned  the  lanthorne,  fownd  & 
tooke  hold  of  her  in  the  darke,  she  crying  out,  (fearing  he 
would  kill  her,)  what  shall  I  doe;  but  he  put  downe  his 
breeches,  put  his  hands  vnder  her  coats,  &  gott  them  vpp, 
thrust  her  to  the  wall  or  pale  &  indeavored  with  his  boddy  to 
committ  adulterie  with  her,  but  she  resisted  &  hindered  him 
[142]  &  told  him  that  if  ||  he  went  onn  thus,  he  would  come 
to  the  gallowes;  he  pished  at  that,  but  told  her  he  would 
never  medle  w^h  her  more.     This  was  about  10  weeks  since. 


[1646  NEW   HAVEN   COLONY  RECORDS.  235 

6.  Yet  againe  during  that  attendance  onn  his  wife,  this  cx- 
aminate  going  forth  to  fetch  wood  to  make  a  tier,  itt  being  her 
night  to  watch,  Robinson  followed  her,  put  downe  his  breeches 
&  indeavored  to  satisfie  his  lust  as  before,  but  she  cryed  out, 
threatned  to  awake  his  wife  &  to  acquaynt  her  wUi  his  course, 
wherevppo  he  gave  over  &  this  was  his  last  attempt  vppon  her. 

This  examjnate  saith  that  she  hath  from  time  to  time  ac- 
quainted her  husband  w*h  Robinsons  leawd  lustfull  attempts 
vppon  her,  (except  that  S^h  passadge  in  the  cowhowse,  w^h 
yet  she  after  told  him  off,)  &  prest  him  to  complayne  to  the 
gov,  but  W'"  Fancy  refussed  &  desired  it  might  be  concealed, 
fearing,  (as  hee  then  &  now  professeth,)  that  his  wife  haveing 
bin  publicquely  punished  for  theevery,  should  not  be  belcived ; 
&  by  way  of  excusse,  he  now  further  added,  that  being  ignor- 
ant of  the  mynd  of  God  in  the  Scriptures,  he  knew  not  but 
that  it  might  be  concealed. 

By  examynation  &  confession  it  appeareth  that  the  former 
leawd  &  outragious  attempts  came  thus  to  light,  Tho™  Robin- 
son, at  Mr.  Evance  his  howse  hearing  Hannah  Marsh  say  she 
delivered  a  paire  of  sizars  to  Stephen  Medcalfe  before  he  went 
for  England,  Robinson  in  the  hearing  of  Jn"  Thomas  and  others 
replyed,  there  is  another  cutler  in  towne  for  a  neede  who  could 
spare  a  paire  of  sizars  or  a  knife,  &  added  he  thought  he  saw 
the  sizars  spoken  of  att  Goodwife  Fancyes,  &  that  she  was  a 
theife  &  other  words  to  that  purpose.  Goodwife  Thomas 
sometime  imployinge  Goodwife  Fancye  in  her  occassions, 
either  told  her  or  sent  her  word  what  Robinson  had  said. 
Fancy  his  wife  passionatly  &  in  way  of  revendge  tooke  vp  this 
proverbiall  speech,  save  one  from  the  gallowes  &  he  will  hang 
you  or  cutt  your  throate  if  he  can.  Goodwife  Thomas,  by  the 
words  supposing  some  great  guilt  was  concealed  &  lay  hidd, 
inquired  the  meaning,  &  Fancyes  wife  discouered  Robinsons 
filthynesse  &  villeny. 

After  this  Fancyes  wife  going  home  from  Jn^  Thomas  his 
howse  fownd  Robinson  staying  for  her  in  Stephen  the  cutlers 
shopp,  &  weeping  he  spake  passionatly,  is  this  come  forth  & 
added  he  would  rather  that  his  life  &  all  goods  were  gone  then 
that  his  wife  should  have  knowne  of  it. 


236  NEW  HAYEN  COLONY  RECORDS.  [1646 

Goodwife  Robinson  hearing  tliese  things  was  exceedingly 
troubled  &  desired  they  might  be  taken  vpp  in  a  private  way 
if  it  might  bee,  and  Tho'"  Robinson  and  his  wife  pressed 
Goodwife  Thomas  to  that  purposse  ;  Goodwife  Thomas  replyed 
that  he  might  see  a  hand  of  God  in  this  busjnesse,  for  his 
other  vnrighteoiis  dealings,  yet  told  him  if  she  might  saflye, 
she  could  be  content  to  conceale  it  if  she  might  see  a  generall 
reformation  in  his  course,  but  Robert  Ysher  knew  of  it  & 
must  by  a  due  acknowledgm'  be  satisfied.  Robinson  meeting 
w'h  Vsher  that  night,  insteede  of  satisfying  him,  provoaked 
him  by  telling  him  it  was  but  a  word  in  jest,  &  that  Fancy  his 
wife  wronged  him,  herevppon  it  was  resolved  that  counsell 
should  be  asked  &  proceeding  ordred  accordingly. 

W™  Fancy  &  his  wife  both  affirme  that  about  a  fornight 
since  Tho™  Robinson  offred  them  10^  in  silver  for  their  satis- 
faction that  there  might  bee  noe  further  prosecution. 

John  Thomas  &  his  wife  say  that  Robinson  did  before  them 
acknowledge  some  miscarriadges  &  did  but  weakly  if  at  all 
deny  the  rest  that  Fancyes  wife  chardged  him  with  ;  he  knew, 
(as  he  said,)  that  a  weomans  word  would  passe  before  a  mans 
in  this  case,  espetially  seing  Fancy  his  wife  said  she  would 
take  her  oath  for  the  truth  of  her  chardge. 
[143]  II  Goodwife  Robinson  confessed  she  had  heard  her  hus- 
band confesse  he  had  spoke  some  words  to  try  Fancys  wife 
but  he  could  not  owne  all  she  had  chardged  him  with,  being 
asked  where  her  husband  is,  she  saitli  that  yesterday  in  the 
afternoone  he  went  forth  in  a  sadd  discontented  franie,  and  as 
she  since  heareth,  passed  over  the  ferry,  but  since  she  hath  not 
heard  of  him. 

W"»  Fancyes  wife  saith  further  that  about  3  monthes  since 
Marke  Meggs  came  to  their  howse  &  asked  for  her  husband, 
saying  he  was  ordred  by  Mr.  Francis  Newman  to  receive  8^ 
of  him,  she  replyed  her  husband  should  gett  it  for  him  so 
soone  as  he  could,  but  it  since  appeareth  Mr.  Newman  sent  him 
nott.  .  As  Fancys  wife  then  passed  by  him  he  caught  hold  of 
her,  strove  with  her,  put  his  hands  vnder  her  coats,  shewed  her 
a  string  of  wompom  <fe  told  her  he  would  give  her  that  &  5^ 
more  if  she  would  teach  him  to  gett  a  boy,  but  she  resisting 


1646]  NEW   HAVEN   COLONY  RECORDS.  237 

he  went  away.  When  her  husband  came  in  she  told  him 
Mai-ke  Megs  was  a  roague,  &  acquainted  him  what  he  had 
done,  wherevppon  her  husband  &  the  cutler  went  &  spake  w'h 
him  ;  he  presently  acknowledged  his  fault  to  them,  &  severall 
times  since  hath  acknowledged  it  to  Fancys  wife. 

Concerning  Stephen  Medcalfe  the  cutler  she  saith,  that  her 
husband  &  she  lying  in  his  liowse  soone  after  the  hand  of  God 
was  vppon  Stephen  in  the  losse  of  his  eye,  he  came,  (as  she 
was  sifting  meale,)  in  a  basse  lustfull  way  to  kisse  her  by 
force,  she  said  it  were  better  he  never  touched  any  while  he 
lived,  yet  after  this  while  he  was  vnder  cure  when  her  hus- 
band was  abroad,  it  being  his  watch  night,  Stephen  went  to 
bedd  but  left  his  candle  burninge,  she  called  to  him  to  put  it 
out,  he  bad  her  come  put  it  out  or  take  it  for  her  vse  if  she 
would,  she  refusing,  he  after  put  it  out  &  she  went  to  bedd,  but 
first  tyed  downe  the  latch  of  the  dore  soe  as  she  thought  it 
could  not  be  opened  from  w^hout ;  yet,  as  she  conceyveth 
about  midnight,  the  dore  was  opened,  &  by  the  creeking 
awackned  &  frightned  soe  that  she  cryed  out  with  much  feare, 
who  is  there,  then  Stephen  spake  &  went  to  his  cubbard, 
dranke  some  strong  watter  &  went  away.  Fancys  wife  arose, 
went  out  &  came  in  againe,  walking  vp  and  downe.  After 
the  day  brake  the  weauer  &  her  husband  came  home,  she  told 
her  husband  Stephen  was  a  rogue,  &  said  she  would  com- 
playne  to  the  magistrate  but  her  husband  diswaded  her.  Ste- 
phen lay  long  in  bedd  that  morning.  After  he  was  vpp  he 
went  to  Mr.  Pells,  her  husband  met  him  &  told  him  of  his 
miscarriadgS.  Stephen  came  home  and  asked  Fancys  wife 
what  she  had  told  her  husband,  she  answered  nothing  but 
what  Stephen  knew  was  true,  yet  at  his  request,  her  husband 
promised  to  passe  it  by. 

Marke  Meggs  being  called  to  answer  Goodwife  Fancyes 
chardge  did  at  the  first  wholy  denny  it,  wherevppon  W'^  Fancy 
informed  the  court  that  so  soone  as  he  came  to  the  knowledge 
of  his  forementioned  action,  he  called  to  h*"  to  speake  w^h 
him,  who  was  then  killing  a  pigg  at  Goodm"  Mosses  &  there 
told  him  of  it,  &  that  since  Marke  had  sought  to  make  his 
peace,  &  at  that  time  Robert  Ysher,  that  he  might  not  come 


238  NEW   HAVEN   COLONY  RECORDS.  [1646 

to  the  knowledge  of  it,  was  sent  out  of  the  way,  &  he  the  said 

Marke  Meggs  told  them  if  it  came   to  light  he  should  be 

vndone. 

[144]     llCorporall  Mosse  informed  the  court  that  James  Hey- 

wood  told  him  that  Marke  Meggs  came  into  Goody  Fancys 

howse  &  downe  with  his  breeches. 

Goodman  Banister  informed  the  court  that  Daniell  Paule  & 
himselfe  being  at  worke  w^h  W"^  Fancy,  he  upp  &  told  them 
that  Robinson  was  run  away  &  feared  his  wife  would  be  a 
caiise  of  his  being  whipped  and  so  Marke  Megs. 

John  Meggs  informed  the  court  that  W^^  Fancy  being  at  his 
shopp  told  him  what  his  bro  :  had  done,  &  that  he  thought  he 
would  be  fyned,  &  if  that  it  were  soe  he  would  take  nothing 
of  him. 

John  Thomas  informed  the  court  that  Marke  Megs  told  him 
that  the  Govern''  said  that  Jn"  Thomas  needed  not  come  to 
court  if  he  could  say  nothing  for  him,  the  Av<=h  words  the 
gov  said  not,  but  Marke  Meggs  exprest  to  have  hidd  his  sinne 
&  guilt. 

Robert  Vsher  informed  the  court  that  one  night  Marke 
Meggs  came  and  called  Wn»  Fancy  &  his  wife  to  speake  w^h 
them,  &  Goodie  Fancy  desired  him  the  said  Robert  to  goe  vpp 
into  the  chamber,  then  he  asked  the  matter,  she  said  nay, 
neither  shall  Stephen  tell  you  what  Marke  came  about. 

Goodwife  Fancy  vppon  oath  affirmed  that  Marke  Meggs 
comminge  for  8*  or  10^  vppon  a  last  day  at  night,  she  told  him 
she  thought  her  husband  had  it  not,  but  he  should  gett  it,  & 
thought  Mr.  Newman  would  not  be  soe  deare,  then  went  out 
into  the  lott  &  comminge  in  agayne  he  caught  hold  of  her, 
put  his  hands  vnder  her  coats,  oflFred  her  a  string  of  wompom 
he  then  had  &  5^  more  if  she  would  teach  him  gett  a  boy — 
&  y«  next  day  save  one,  being  the  second  day  of  the  weeke, 
he  went  to  him. 

Goodm"  Fancy  vppon  oath  aftirmed  that  he  spake  wt^h  Marke 
MeggT?  in  Goodm'^  Mosses  yard  &  said  to  him  he  was  a  basse 
fellow  for  to  goe  to  abuse  his  wife,  offring  some  wompom  &  6^ 
more  &  that  he  going  to  acquajnt  Mr.  Gregson  w^^h  it,  Marke 
mett  him,  acknowledged  his  fault  &  said  if  hee  should  goe  & 


1646]  NEW   HAVEN   COLONY  RECOEDS.  239 

tell  of  it  he  should  be  vndoiie,  &  intreated  him-  to  consider 
his  case,  for  he  had  dranke  a  cupp  of  sacke  &  Stephen  desir- 
ing him,  he  granted  to  passe  it  by. 

Capt.  How,  being  then  in  court,  told  Marke  Meggs  it  was 
not  his  way  to  deny  it  before  God  &  a  court  of  justice,  for 
though  the  court  might,  God  would  not  cleare  him  if  guiltie, 
for  God  may  have  left  him  to  the  act,  although  there  may 
want  evidence,  as  he  may  remember  a  defect  of  evidence  in  a 
case  of  this  nature  formerly.  Therforo  desired  him  not  to 
leave  God  &  himselfe  in  this  act. 

For  w^h  sinful  &  lustfull  attempt,  although  denyed  at  p's- 
ent  by  himselfe  yet  sufficiently  proved  to  the  satisfaction  of 
the  court,  he  was  centenced  to  be  severely  whipped. 

Goodie  Fancy  for  herselfe  in  concealm^  of  the  forementioned 
vylenous  &  lustfull  attempts  by  severall  as  appeareth  by  her 
own  confessions,  &  W'"  Fancy  for  liis  being  as  it  were  a  pan- 
der to  his  wife  &  neglecting  the  timely  revealing  of  these  fore-  [^ 
mentioned  attempts  to  have  defyled  his  wife,  who  should  have 
bin  her  ptector,  &  although  he  was  told  of  them,  neither  did 
discover  them  himselfe,  nor  would  he  suffer  his  wife  to  doe  it. 
Both  were  centenced  to  bee  sevearly  whipped. 

Joseph  Guernsy  for  his  wilful!  neglects  of  obedience  to  his 
m^  his  commands  &  rysing  vp  &  abusing  his  m'"  &  his  bro.,  as 
appeared  by  the  testimony  of  bro  :  Joshua  Atwater,  bro.  Chee- 
vers,  Mr.  Francis  Newman  and  Eliz^  Downinge,  was  cen- 
tenced to  be  sevearly  whipped. 


[145]     [A   GenncraW]  Court  held  the  2o*-''  May  1646. 

In  regard  of  severall  occassions  &  worke  to  be  done  agaynst 
trayning  day,  bro :  Nash  is  spared  &  bro :  Leavermore  also, 
because  that  if  hee  attend  this  court  it  will  hinder  his  burning 
of  potts  this  whole  weeke. 

It  was  remmembred  that  the  last  Gen"  court  it  was  ordred 
that  men  should  have  payd  their  rates,  but  it  being  6  weeks 
since  &  yet  all  not  brought  into  the  treasurer,  men  were  ad- 


240  NEW   HAVEN   COLONY  RECORDS.  [1646 

vized  to  take  some  sjDeedy  course,  or  elce  the  marsliall  shall 
have  order  to  wariie  them  into  the  court  the  next  weeke. 

It  was  likwise  considered  that  whereas  there  was  an  order 
made  to  p'serve  meddow  &  cornefeilds,  &  swine  ordred  to  be 
kept  abroad,  but  for  p^'sent  it  not  being  attended,  it  was 
desired  men  would  attend  it  better  for  ye  future. 

It  was  ordred  that  whatever  swine  were  fownd  w^hin  thenecke 
or  any  fenced  vpland  w^hin  two  myles  of  the  towne  vnyoaked 
&  vnrunge  shall  pay  6^  a  head  besides  a  penny  powndage,  & 
that  this  order  take  place  the  next  day  following  at  night. 

Bro :  Cooper  was  desired  to  drive  the  necke,  &  he  pmised  to 
doe  it. 

It  was  ordred  that  every  man  bring  in  the  eare  marke  of 
his  swine  that  so  if  they  should  be  pownded,  they  might  be 
knowne  therby,  but  if  the  swine  e.  c.  be  not  knowne  therby 
they  shalbe  duely  cryed  &  somtime  after  they  shalbe  prised,  & 
a  new  &  publique  marke  sett  vppon  them,  wherby  the  pown- 
der  may  know  them,  &  yet  euery  one  may  see  his  owne  marke 
also,  &  that  before  any  new  marke  be  added  or  the  creature 
prized,  the  approbation  of  the  magistrate  is  to  be  required. 

It  was  ordred  that  bro :  Cooper  be  cryer  in  the  marshalls 
stead,  in  regard  that  he  cannot  attend  it  manny  times  because 
of  prisoni's. 

It  was  ordred  that  henceforward  all  dry  cattle  be  kept  by  a 
keeper,  (a  pticul''  agreement  by  them  at  the  farmcs  on  the 
east  side  excepted,)  although  this  order  passe  w^hout  a  fine. 

It  was  ordred  that  noe  man  put  any  oxen  in  the  oxe  pasture, 
Mr.  Evance  only  excepted  who  hath  liberty  granted  vppon  his 
indeavour  to  keepe  them  from  the  cowes. 

Bro :  Phill :  Leeke  was  desired  to  keepe  an  ordynary  or 
inne,  &  to  pvide  for  the  refreshing  of  seamen,  w^h  he  tooke 
into  consideration. 

Libertie  was  granted  bro  :  Phill :  Leeke  to  draw  wine  for 
Mr.  Malbon,  he  attending  a  court  order  formerly  made  for 
sobryety. 

Bro :  Peter  Browne  had  liberty  to  depart  the  court  for  the 
remaynder  of  this  day. 

Jerymy  How  had  libertie  also  to  draw  strong  watters  for 


1646]  NEW   HAVEN   COLONY  RECOEDS.  241 

Mr.  Evance  &  Mr.  Gilbert,  he  attending  a  former  order  made 
for  sobryety. 

It  was  ordred  that  if  they  that  live  at  the  farmes  come  vppon 
trayning  dayes  by  that  time  the  company  is  in  ranke  &  file,  & 
before  they  have  moued,  it  shall  not  be  accompted  late  com- 
minge. 

The  choyce  of  the  Artylery  company  officers  was  allowed 
of. 

Bro:  Francis  Browne,  Mr.  Caffinch  &  Goodman  Bassett 
were  dismissed  from  attending  the  court,  occassions  w^h  were 
vrgent  calling  them  away. 

[146]  II Mr.  Malbons  meddow  so  called,  belonging  to  Mr. 
[Gregsons  Sf  M^r.  Wackmans  quarters  I[^  ivas  moved]  they 
might  have  a  way  to  their  land,  and  the  subburbs  desired 
the  like.  Mr.  Gilbert,  Mr.  Francis  Newman  were  chosen  as 
committees  to  looke  on  the  way,  &  one  of  each  quarter  was 
ordred  to  goe  with  them,  to  propownd  their  objections  to  them. 

Bro :  Phillip  Leeke,  vppon  some  pressant  occassions,  had 
leave  to  dept  the  court  this  day,  &,  liberty  was  given  him  also 
to  make  vse  of  a  peece  of  grownd  before  his  dore,  provided 
that  if  it  so  fall  out  that  the  townes  occassions  require  it,  he 
then  surrender  it  &,  remove  his  howseing  from  it. 

It  was  moved  that  some  place  might  be  fenced  in  wherein 
strang^s  horses  might  be  kept,  but  at  present  respited. 

Mr.  Goodyeare  &  Mr.  Robert  Newman  being  desired  to  goe 
to  Mrs.  Stollion  who  lyeth  very  weakc  &  thought  her  change 
draweth  nigh,  they  had  leave  to  depart  the  court. 

It  was  ordred  that  whosoeuer  fetcheth  fire,  or  sends  for  it  & 
not  in  a  covered  vessell,  though  the  fire  be  denyed  them,  or 
vppon  any  other  occassions  they  come  w'hout  it,  they  shall 
pay  6''  fine ;  but  if  they  carry  any  fire  away,  they  shall  pay 
12'',  because  great  damadg  may  growe  to  the  towne  by  slight- 
nesse  &  carlessnesse  this  way. 

It  was  ordred  that  whosoever  shalbe  fownd  takeing  tobacco 
in  an  vncovered  place,  as  in  the  streate  of  the  towne,  or  in 
mens  yards,  shall  pay  6"^  fine  each  time,  also  if  onn  trayning 
dayes,  either  in  the  company  or  the  meetinghowse  at  any 
time. 

31 


242  NEW  HAVEN  COLONY  RECORDS.  [1646 

It  was  ordred  that  the  waights  &  measures  of  this  towne 
bee  viewed  once  a  yeare,  somtime  in  September,  it  being  at 
their  liberty  that  are  to  doe  it  in  what  part  of  the  month,  vnder 
the  penalty  formerly  mentioned. 

Bro.  Jn°  Mosse,  Natha  :  Merryman,  Richard  Webb  &  W'" 
Payne  were  freed  from  attending  the  court,  to  lielpe  Mr.  Mal- 
bon  get  goods  ashore. 

It  was  ordered  that  brother  Seely  &  brother  Gregory  doe 
looke  that  noe  hydes  come  out  of  the  tanners  hands  but  those 
that  are  well  tanned,  &  that  they  scale  them  if  they  doe  allowe 
them,  &  that  they  have  4^^  p  liyde  for  veweing  &  sealing  of 
them. 

The  remaynder  of  the  former  court  orders  reviewed  were 
now  read  in  court. 

The  order  for  a  corne  measurer  in  this  towne  was  repealed. 


[147]      At  a  Court  held  at  Newhauen  this  2^  June, 

1646. 

Mrs.  Brewster,  Mrs.  Moore  &  Mrs.  Leach  being  warned 
about  severall  miscarriadges  of  a  publique  nature,  appeared 
and  were  chardged  severally  as  foUoweth, 

Elizabeth  Smith  late  servant  to  Mrs.  Leach,  saith  that  hear- 
inge  Mrs.  Brewster  loud  in  conference  w^h  Mrs.  Eaton,  Mrs. 
Moore  &  her  Mrs.  as  she  sate  at  worke  in  the  next  roome, 
shee  called  Job  Hall,  her  fellow  servant  to  heare  also,  who 
could  better  remember  the  perticulers  of  such  a  conference 
then  herselfe. 

Impi'mis,  Job  &  Elizabeth  both  afiirme  that  Mrs.  Brewster 
repeating  somthinge  of  Mr.  Davenports  prayer  to  this  purposse. 
Lord  add  to  the  church  such  as  shalbe  saved  &  build  vpp  to 
perfection  those  whom  thou  hast  added ;  and  speakeing  of  his 
sermon  said,  Mr.  Davenport  maks  the  people  beleive  that  to 
come  into  the  church  is  as  much  as  the  receiveing  of  Christ. 
Job  saith  she  added,  Mr.  Davenport  carryeth  it  as  if  they  could 
not  have  salvation  w^hout  comming  into  the  church.  What 
concerneth  Job  in  this  part  of  his  testimony  he  gave  in 
wrighteing,  &  affirmed  before  the  magistrates,  yet  now  in 


1646]  NEW   HAVEN   COLONY   EECORDS.  243 

court  was  somewhat  doubtfiill  whether  he  heard  the  words 
from  Mrs.  Brewster  herselfe,  or  only  heard  Elizabeth  repeate 
them  from  Mrs.  Brewster.  His  best  light,  (he  said,)  serveth 
for  the  former,  yet  he  was  loath  to  give  oath  therein.  The 
court  blamed  him  that  he  had  not  better  considred  this  before, 
yet  wished  him  to  deliver  nothing  vppon  oath  but  what  he  was 
cleare  in. 

Mrs.  Brewster  as  before  the  Governo''  &  Mr.  Goodyeare 
form^'ly,  so  now  in  court  denyed  the  chardge. 

2^i^y.  Job  &  Elizabeth  affirme  that  Mrs.  Brewster  speaking 
of  somthing  Mr.  Davenport  had  deliuered  vppon  Eplies.  4,  12, 
concerning  personall  faith,  that  if  a  man  lived  where  he  might 
joyne  to  the  church  &  did  not,  it  would  prove  a  deluzion  to 
him.  Job  affirmeth  that  Mrs.  Brewster  said,  when  she  heard 
it  her  stomacke  wombled  as  when  she  bredd  child,  &  spake  it 
twise  or  thrice  if  not  oftner  in  reffcrence  to  the  sermon.  Eliz- 
abeth saith,  that  twise  or  thrice  she  spake  to  that  purpose, 
that  she  was  sermon  sicke,  &  that  proceeding  in  conference 
she  presently  said  that  when  she  came  home  she  badd  her  son 
mak  wast  pap  of  it,  w^'h  she  the  said  Elizabeth  conceiveth  was 
spoken  in  reffcrence  to  the  noats  of  Mr.  Davenports  sermon. 

Mrs.  Brewster  denyed  these  words,  sermon  sick,  or  that  it 
was  in  reffcrence  to  the  sermon,  &  those  words  of  making  wast 
paper  <fec.  but  confesseth  she  said  her  stomack  wrought,  smell- 
ing an  ill  savo""  in  the  seate,  wherin  she  gave  noe  satisfaction 
to  the  court. 

S'Jiy.  Job  &  Elizabeth  affirme  that  Mrs.  Brewster  (in  con- 
ference speaking  of  scandelous  persons,)  asked  Mrs.  Moore 
whether  she  had  not  heard  for  what  Mrs.  Eaton  was  cast  out 
of  the  church.*  Mrs.  Moore  asked  Mrs.  Eaton  why  she  did 
not  confesse  her  sinne,  Mrs.  Eaton  answered  she  had  don  it, 
but  not  to  the  churches  satisfaction.  Mrs.  Brewster  said  if 
Mrs.  Eaton  had  scene  her  light  before  she  came  into  the 
church  she  had  not  come  in. 

Mrs.  Brewster  confesseing  the  former  part,  saith  she  remem- 
bers not  that  she  spake  those  words,  if  Mrs.  Eaton  had  scene 

*  The  reader  can  learn  some  of  the  reasons  for  which  Mrs.  Eaton  was  cast  out  of 
the  church,  (in  May,  1645,)  by  consultmg  Bacon's  Hist.  Disc,  296-306. 


244  NEW   HAVEN   COLONY  RECORDS.  [1646 

her  light  &c ;  she  hath  heard  that  Mrs.  Eaton  came  into  the 
church  in  a  hiirrey,  and  went  out  in  a  hurrey. 
[148]  II  4thiy.  Job  &  Elizabeth  affirme  that  Mrs.  Brewster 
speakeing  of  the  contributions  said,  it  was  as  going  to  masse 
or  going  vp  to  the  high  alter,  &  being  asked  by  Mrs.  Moore 
why  she  then  went  to  them,  she  answered,  because  her  hus- 
band had  comanded  her. 

Mrs.  Brewster  denyeth  that  euer  she  spake  of  masse,  or  high 
alter  in  reiference  to  the  contributions,  the  first  time  she 
heard  of  the  word  alter,  applyed  that  way,  was  in  the  seate, 
Mrs.  Lamberton  speaking  of  that  text,  when  thou  bringest  thy 
gift  to  the  alter,  but  she  saith  Mrs.  Moore  asked  what  rule 
there  was  for  going  to  the  high  alter  in  the  contributions,  but 
Mrs.  Eaton  defended  the  practise  of  the  church. 

5^^'^y.  Job  saith  he  heard  Mrs.  Brewster  say  that  Mr.  Fugill 
being  at  her  howse  proffessed  vnto  her  that  Mr.  Eaton  laid  one 
thing  to  him  w<=]i  if  God  should  take  him  away  that  night,  he 
did  not  know  it  to  be  soe,  Mrs.  Brewster  added  they  goe  two 
and  two  together,  &  writt  down  what  scandelous  persons  say  & 
soe  hurrey  them  &  compare  their  writeings,  &  if  they  find  any 
contradictions  they  are  chardged  for  lyes.  She  concluded,  I 
pray  God  keepe  mee  from  them. 

Elizabeth  remmembreth  that  Mrs.  Brewster  said,  Mr.  Fugill 
was  chardged  by  Mr.  Eaton  w^h  that  he  could  not  remmember 
nor  owne  if  he  should  dye,  &  that  shee  concluded,  God  keepe 
mee  out  of  their  hands. 

Mrs.  Brewster  denyeth  that  euer  Mr.  Fugill  told  her,  or  she 
to  any  spake  of  any  thing  chardged  vppon  him  by  Mr.  Eaton 
w^h  he  could  not  owne,  but  in  gcnerall,  that  something  was 
chardged  W^h  he  could  not  owne,  &  she  denyeth  all  the  latter 
part,  going  2  &  2  together,  wrighting,  comparing,  chardging 
lyes,  &  her  conclussion  from  thence. 

6thiy.  Job  affirmeth  that  Mrs.  Brewster  asked  Mrs.  Leach 
whether  she  had  any  mynd  to  joyne  w^h  the  church,  Mrs. 
Leacb  answered,  noe,  Mrs.  Brewster  asked  whether  she  had 
not  formerly  had  a  mynd,  Mrs.  Leach  answered,  yes.  Mrs. 
Brewster  replyed,  yo^^  mother  is  a  weoman  of  wisdom,  this  she 
doubled,  yo""  mother  is  a  weoman  of  wisdome,  adding,  she  can 


1646]  NEW   HAVEN   COLONY  RECORDS.  245 

teacli  you  ^Yell  enough  at  homo.  Elizabeth  remembreth  the 
question  put  to  Mrs.  Leach  w^i  her  answere  as  before,  &  that 
Mrs.  Brewster  replyed,  her  mother  could  teach  her,  or  tuto*" 
her  well  enough  at  home,  or  words  to  that  purpose. 

Mrs.  Brewster  saith  she  told  Mrs.  Leach  she  had  heard  she 
was  about  to  joyne  w^h  the  church  but  now  declyned  it.  Mrs. 
Leach  answered,  (as  formerly  to  Mrs.  Wackman  or  some  other 
of  the  church,)  it  was  because  she  fownd  soe  manny  vntruthes 
among  them,  but  Mrs.  Brewster  denyeth  that  shoe  said  her 
mother  was  a  weoman  of  wisdom  &  could  teach  her  at  home. 

7*''iy.  Elizabeth  saith  that  Mrs.  Brewster  being  asked  by 
Mrs.  Moore  whether  she  saAv  the  persons  whipped  for  their 
vnnaturall  filthjnesse  about  a  month  since,  she  answered  noe, 
but  they  were  cruelly  whipped  &  that  her  son  said  he  had 
rather  fall  into  the  hands  of  Turks,  &  hath  rather  be  hanged 
then  fall  into  their  hands. 

Mrs.  Brewster  denyeth  that  euer  she  spake  of  cruelty  in 
their  punishment,  she  rather  thought  they  deserved  more,  & 
that  the  censure  was  mercy  full,  nor  euer  did  she  heare  her  son 
speake  of  falling  into  the  hands  of  Turks,  though  he  spake 
somthinge  pytying  them  that  were  first  corrected  &  that  if  he 
were  fit  for  death,  he  would  rather  be  hanged  then  soe 
whipped. 

[149]  II  8thiy,  Elizabeth  saith  that  onn  the  fowerth  day  of  the 
weeke,  before  W™  Preston  was  cast  out  of  the  church,  Mrs. 
Brewster  mett  w^li  some  sister  of  the  church  betwixt  her  owne 
liowse  &  Mr.  Leaches,  &  seing  her  look  sadd,  Mrs.  Brewster 
asked  her  what  was  the  cause.  The  sister  told  her  some 
passadges  of  W'"  Prestons  miscariadges  for  which  the  church 
was  like  to  proceede  against  him,  Elizabeth  sath  Mrs.  Brews- 
ter related  this  to  Mrs.  Moore  in  a  scoffing  manner,  adding  in 
her  speech  to  Mrs.  Moore,  I  looked  pittyfully  when  I  spake 
w^i  the  sister,  as  if  I  had  bin  one  of  them,  which  Elizabeth 
conceiveth  she  did,  to  draw  from  the  sister  what  shee  could. 

Mrs.  Brewster  confessed  she  mett  w^h  Goodie  Charles  & 
spake  with  her,  to  the  purpose  the  chardge,  (in  the  first  part,) 
importeth,  but  denyeth  the  latter  part,  concerninge  scoffeing 
&  lookeing  pittyfully,  as  if  she  had  bin  one  of  them. 


246         NEW  HAVEN  COLONY  RECORDS.  [1646 

Job  &  Eliz*  both  say,  that  Mrs.  Brewster  vsed  to  laugh  & 
scoffe  at  all  the  former  passadges  they  have  respectively 
testified. 

Qthiy.  Elizabeth  Smith  saith,  that  haveing  bin  forth  &  com- 
miiig  ill  to  her  Mrs.  howse,  she  heard  Mrs.  Brewster,  speaking 
lowd  to  Mrs.  Eaton  concerninge  banishment,  say,  they  could 
not  banish  her  but  by  a  Gennerall  Court,  &  if  it  came  to  that 
shee  wished  Mrs.  Eaton  to  come  to  her  &  acquaynt  her  w^h 
her  judgment  &  grownds  about  baptizing,  &  she  would  by 
them  seduce  some  other  weoman,  &  then  she,  the  said  Mrs. 
Brewster  would  complayne  to  the  court  of  Mrs.  Eaton  &  the 
other  weoman  should  complayne  of  her  as  being  thus  seduced, 
and  soe  they  would  be  banished  together  &  she  spake  of  going 
to  Road  Island. 

Mrs.  Brewster  confesseth  the  chardge,  but  saith  she  spake  it 
in  jest  &  laughing,  she  was  told,  foolish  &  vncomely  jesting 
are  sinfull,  but  to  harden  one  agaynst  the  truth  who  already 
lyeth  vnder  guilt,  may  not  passe  vnder  a  p''tence  of  jesting. 

lO^h^y.  Job  saith,  that  the  last  day  of  the  weeke,  being  May 
the  9th,  \iQ  ^as  called  vpp  before  Mrs.  Brewster,  Mrs.  Moore 
&  Mrs.  Leach,  at  Mr.  Leaches  howse.  Mrs.  Brewster  told  him 
shee  had  bin  where  she  had  justified  herselfe  agaynst  a  great 
manny  of  his  lyes  &  added,  she  would  have  him  &  his  slutt, 
you  &  yo""  harlott,  to  the  whipping  post.  Elizabeth  saith  that 
she  being  below  in  the  howse  at  this  time,  heard  the  former 
words.  Mrs.  Brewster  spake  them  soe  lowd  that,  (as  she  con- 
ceiveth,)  they  might  be  heard  into  the  midst  of  the  streate. 

Mrs.  Brewster  denyed  those  words,  you  &  yo""  slutt,  you  & 
yo''  harlott,  to  the  whipping  post,  in  refference  to  Job  Hall. 
Mrs.  Moore  &  Mrs.  Leach  being  questioned  about  them,  ac- 
knowledged such  words  were  spoken,  but  conceive,  jo'^  slutt, 
yo""  harlott,  were  not  reffered  to  Job  Hall,  but  to  them  the  said 
Mrs.  Moore  <fe  Mrs.  Leach,  Elizalieth  standing  in  relation  to 
Mrs.  Leach  as  her  servant. 

The  court  thought  it  scarce  probable,  the  whole  speech  being 
continued  to  Job  Hall,  that  yo""  slutt,  yo''  harlott  should 
be  reffered  to  others,  nor  is  it  likly  that  Mrs.  Brewster  should 
cast   any  appearance  of  blame  vppon  Mrs.  Moore  and  Mrs. 


1646]  NEW   HAVEN   COLONY   RECOEDS.  247 

Leach  for  Elizabeths  miscarriadges,  as  yo'"  shitt,  yo""  harlott 
seeme  to  miport. 

llthiy.  Elizabeth  saith  that  onn  the  same  day,  May  the 
ninth,  Mrs.  Brewster  told  her  that  she  went  about  carrying 
lyes,  to  ciirrey  fauo''  to  keepe  her  whores  back  from  whipping, 
adding,  she  would  call  her  nothing  but  whore  and  harlott  till 
she  had  bin  whipped  and  was  marryed,  then  she  must  call  her 
so  noe  more,  &  if  the  fellow  did  not  come  home  he  must  take 
[150]  his  monney  ||  if  he  can  gett  it,  or  els  he  must  take  it 
out  in  whippinge.  Mrs.  Brewster  further  said  that  Elizabeth 
told  halfe  truthes  &  halfe  lyes.  Eliz^-  answered,  her  halfe 
truthes  will  prove  whole  truthes.  Mrs.  Brewster  replyed,  will 
they  so,  you  brasen  facd  whore.  Elizabeth  answered  she  was 
greived  for  her  sinne,  &  desired  to  be  soe  all  her  dayes.  Mrs. 
Brewster  said,  she  had  gotten  a  few  of  the  fine  words. 

Mrs.  Brewster  denyed  the  word  whore,  she  said  she  called 
her  only  harlott,  she  was  told  such  ray  ling  landguadge  was 
vncomely  &  sinfull,  Micaell  the  Archangell  durst  not  carry  it 
soe  w4i  the  Divell,  though  he  had  matter  enough  against  him. 

12t^iiy.  Job  afifirmeth  that  Mrs.  Brewster,  speaking  at  Mr. 
Leaches  howse  of  a  conference  she  had  with  widdow  Potter 
said,  she  asked  her  why  she  was  not  received  into  the  church 
agayne,  widdow  Potter  answered,  because  she  could  not  leave 
Edw :  Parker,  yet  if  they  could  shew  her  a  rule  for  it,  she 
would.  Mrs.  Brewster  added,  Parker  is  not  vnder  scandall, 
yet  because  he  gave  not  satisfaction  to  the  elder,  they  will  not 
lett  y"!  marry. 

Mrs.  Brewster  acknowledging  the  substance  of  this  chardge, 
saith  that  widdow  Potter  thought  the  rule  they  would  hold 
forth  would  be  against  the  marrying  of  him,  &  she  conceiveth 
she  heard  either  widdow  Potter  or  Edw.  Parker  say  he  had 
bin  with  the  elder,  but  had  not  given  satisfaction  in  his  ac- 
count, &  therfore  thought  they  would  not  let  him  marry  her. 

Edward  Parker  &  widdow  Potter  being  herevppon  demand- 
ed, before  the  Governour,  magistrates  &  eld^s,  how  they  vnder- 
stood  the  churches  proceedings,  whether  the  widdow  were  kept 
out  because  she  would  not  part  w^h  Edward  Parker,  what  re- 
ports they  had  made  &  to  whom. 


248  NEW   HAVEN   COLONY   RECORDS.  [1646 

They  both  acknowledged  severall  conferences  betwixt  Mrs. 
Brewster  and  them.  Edw.  Parker  saith  he  told  Mrs.  Brewster 
he  did  not  know  whether  the  church  were  against  the  marry- 
adge  or  not,  they  did  not  make  the  match,  nor  did  tliey  goe 
about  to  break  it  off,  but  advized  them  to  walke  according  to 
rule.  Mrs.  Brewster  wished  him  to  take  2  or  3  witnesses  & 
goe  to  the  magistrates  &  desire  them  to  marry  them,  and  if 
they  reffussed  it,  then  before  witnesses  to  take  one  another  & 
goe  together.  Edw :  Parker  saith  he  told  her  he  would  not 
doe  soe,  yet  she  pressed  the  former  advize  vppon  him  2  or  3 
tymes.  That  she  also  said  the  widdow  should  doe  well  to  con- 
fesse  in  a  publik  meeting  that  she  had  done  him  the  said  Ed- 
ward Parker  wronge  in  what  she  had  said  of  him,  when  to 
hold  forth  repentance  she  confessed  her  sinne  intreating  mar- 
ryadge  with  him.  He  further  saith  that  Mi's.  Brewster  shewed 
her  dislike  of  the  churches  proceedings,  &  2  or  3  times  wished 
him  to  bidd  widdow  Potter  come  to  her  before  she  came. 

Widdow  Potter  saith  that  Edw.  Parker  told  her  that  Mrs. 
Brewster  disliked  the  churches  proceedings  &  desired  to 
speake  with  her,  after  w<=h  widdow  Potter  going  for  some 
anyseeds,  &  Mrs.  Brewster  vnderstanding  who  she  was,  she 
bad  her  sit  downe,  gave  her  a  cupp  of  sacke  &  dranke  with 
her,  and  as  she  remembreth,  the  first  question  Mrs.  Brewster 
asked  was  whj  she  was  not  received  into  the  church,  her  an- 
swer, (being  sometime  in  a  hurrey  of  sperit  &  apt  to  lay  blame 
on  the  church,)  might  probably  bee,  she  was  kept  out  of  the 
church  because  she  could  not  leave  Edward  Parker,  though 
now  she  se  cause  to  judge  herselfe  for  it. 
[151]  II  The  elders  severally  and  severall  times  haveing 
clearly  expressed  themselues  in  such  manner  as  might  wholy 
have  freed  her  from  such  apprehensions,  pressing  they  con- 
cluded nothinge  in  the  case,  but  advized  her  to  attend  and 
submitt  to  rule  when  it  should  be  held  forth,  she  saith  further 
that  Mrs.  Brewster  hath  often  advized  her  to  make  an  end  of 
the  huisinesse  with  Edw:  Parker  in  the  way  she  had  pro- 
pownded  to  him,  &  told  her  of  2  partyes  in  the  Bay  who  had 
don  soe,  Widdow  Potter  also  acknowledged  her  fault  in  tell- 
inge  Mrs.  Brewster  the  latter  part  of  a  speech  of  Mr.  Malbons, 


lt)46]  NEW   HAVEN    COLONY   RECORDS.  249 

that  if  Edw :  Parker  should  haiige  himselfc  at  her  dore  she 
might  have  peace  in  it,  but  not  telling  the  former  speech  wh^in 
Mr.  Malbon  put  the  weight,  the  whole  speech  running  thus, 
that  she  should  keepe  close  to  the  rule,  and  in  soe  doing  she 
might  have  peace  though  he  should  hange  himselfe  at  her 
dore ;  she  saith  she  concealed  Mr.  Malbons  name,  but  Mrs. 
Brewster  wondrd  at  her  speech  as  she  reported  it. 

Mrs.  Brewster  said,  Edw :  Parker  &  widdow  Potter  were 
hipocrits  &  she  would  prove  them  soe,  what  they  spake  was  to 
currey  favo>'  that  she  might  get  into  the  church  againe.  She 
chardged  Edward  Parker  that  comminge  from  the  foresaid 
meetinge,  he  told  her  the  govern'",  (when  he  was  examjned,) 
looked  wissly  vppon  him,  as  if  by  Mrs.  Brewsters  confession 
he  had  knowne  all  before,  and  so  drew  things  out  of  him,  and 
her  mayde  being  called,  spake  to  the  same  purpose.  Edw: 
Parker  denyed  the  chardge  as  it  was  layd,  &  the  magistrats 
and  rilling  elder  then  p'sent  cleared  the  govern^  Mrs. 
Brewster  proceeding  to  perticulers  concerning  her  famylyar- 
ity  w^li  widdow  Potter  an  excommunicate  person,  she  at  first 
seemed  to  justifie  it,  saying  her  pastour  in  England  admired 
that  none  of  the  sisters  went  to  one  Mrs.  Bennett,  cast  out  of 
a  neighbour  church  for  obstynacy  in  erro'',  to  reclayme  hei-  in 
a  way  of  love.  The  Govern'^  answered  her  pastour  was  ab- 
sent, the  court  knew  not  what  hee  had  spoken  in  the  case,  nor 
on  what  grownds,.  Imt  for  her  to  eate,  drinke,  &  to  shew  such 
respect  to  cxcomunjcate  persons  did  expressly  crosse  y^ 
rule.  Herevpon  she  denyed  she  had  dranke  w^h  widdow  Pot- 
ter. Widdow  Potter  in  court  affirmed  it,  &  added  Mrs.  Brew- 
ster drank  to  her.  Mrs.  Brewster  said  she  dranke  not  though 
she  put  the  cupp  to  her  mouth,  she  asked  whether  any  of  the 
sacke  went  downe,  widdow  Potter  said,  from  her  carry adge  & 
outward  appearance  she  app^'hended  she  drunke,  but  could 
not  say  what  quantity  went  downe.  Mrs.  Brewster  herein 
gave  much  offence  to  the  court,  but  she  proceeding  said,  she 
disliked  not  the  churches  proceedings,  but  had  wished  Parker 
&  widdow  Potter  to  attend  rule,  and  for  the  councell  she  gave 
them  that  they  should  goe  to  the  magistrates,  &  before  wit- 
nesse  desire  to  be  marryed,  &  if  the  magistrats  refussed,  then 
32 


250  NEW   HAVEN   COLONY   RECOKDS.  [1646 

before  witnesses  to  take  one  another  &  goe  together,  she  said 
she  spake  it  in  jest  &  laughed  when  she  spake.  Edward  Par- 
ker confessed  she  laughed,  but  said  she  pressed  it  vppon  him 
two  or  three  times.  Widdow  Potter  affirmed  the  same  &  that 
she  gave  instance  in  a  couple  in  the  Bay  who  had  don  soe. 
The  court  could  not  allow  her  answer  in  pojnt  of  truth,  the 
evidence  was  stronge  agaynst  her  that  notwithstanding  any 
laughing  or  smyling  contenanc,  the  advize  was  seriouslie 
given  &  pressed  vppon  the  partyes  severally  &  uppon  each  of 
tliem  severall  times,  &  sett  onn  from  an  instance  in  the  Bay. 
[152]  II Mrs.  Brewster  was  also  chardged  that  contrary  to  an 
expresse  &  knowne  order  made  by  Newhaven  Gennerall  Court, 
she  had  retayled  wyne  both  out  of  dores  by  forbidden  small 
parcells,  &  had  suffi-ed  workmen  &  others  to  sit  drinking 
wyne  by  pyntes  and  quarts  within  her  howse.  She  answered 
it  was  when  there  was  noe  other  wyne  in  towne,  &  divers  were 
either  sicke  or  hadd  neede  of  it.  She  was  answered,  she 
might  have  sold  a  butt  or  lesse  quantity  to  Goodman  And- 
rewes  who  was  intrusted  to  retayle  &  must  be  aqcomptable  had 
there  bin  any  disorder,  she  replyed  he  could  not  make  pay  to 
her  content.  She  added  that  Mr.  Goodyeare,  Mr.  Malbon  & 
Mr.  Evance,  who  are  of  the  court,  sent  to  her  for  small  par- 
cells,  she  hoped  they  would  not  lay  snares  for  her.  Mr.  Good- 
yeare denyed  that  he  had  sent  for  small  parcells.  Mrs.  Brew- 
ster said  his  wife  had  don  it.  Mr.  Malbon  &  Mr.  Evance  ans- 
wered, they  had  broken  noe  order  in  sending  &  were  not  wil- 
ling to  send  for  more  then  they  must  needs,  on  her  termes. 
It  was  chardged  that  she  had  vsed  her  howse  as  a  taverne, 
suffringe  company  to  come  in  &  spend  their  money  in  drink- 
ing wine  by  quarts  &  pints,  she  said  she  had  suffred  none  so 
but  her  workmen,  she  was  answered,  she  might  not  suffer 
workmen  so  todrincke,  but  heranswere  was  not  true,  as  would 
bee  proued  if  there  were  cause,  but  she  seemed  to  fall  vnder 
it.. 

Mr.  Malbon  informed  the  court  that  Mrs.  Brewster  had  said 
she  would  prove  him  a  lyar,  which  he  hoped  she  could  not 
doe. 

Mrs.  Brewster  said  what  she  spake  was  because  Mr.  Mai- 


1646]  NEW    HAVEN   COLONY   RECORDS.  261 

bon  came  to  her  howse  and  chardged  her  with  thmgs  he  could 
not  prove,  Mr.  Malbon  affirmed  the  matter  was  true,  if  there 
were  any  mistake  in  circumstances,  it  was  not  cleare  wliether 
the  mistake  were  in  him  or  Jonatlian  Rudd. 

Edw:  Parker  said  he  could  take  oath  Mrs.  Brewster  said 
she  would  prove  Mr.  Malbon  a  lyar,  w'^h  being  spoken  against 
a  magistrate,  without  a  call,  in  a  whisping  way,  besides  the  ref- 
ference  to  the  ninth  commandement,  is  an  offensive,  sinfull 
miscariadge,  against  the  lift  commandement,  but  Parkers  oath 
was  not  required. 

Mrs.  Brewster  being  asked  what  further  she  had  to  say 
either  for  herselfe  or  against  the  witnesses,  slice  was  full  of 
speech,  offered  to  take  hold  of  the  witnesses  &  to  draw  them  to 
her,  as  if  she  would  have  over-ruled  their  testimony  ;  she  was 
told  meeknesse  &  modesty  would  better  become  her  in  such  a 
place.  In  anythinge  she  doul^ted  or  denyed,  the  court  would 
tak  noe  evidence  but  vppon  oath,  she  seemed  to  chardge  the 
court  as  if  she  could  not  be  heard,  but  being  reprooued  for 
such  boldnesse  contrary  to  truth,  she  fell  to  justifie  herselfe 
that  she  approved  Mr.  Davenports  ministry.  If  some  one 
tyme  he  had  not  expressed  himselfe  so  clearly  and  fully  as  at 
others  she  propownded  questions  for  his  information,  and  at 
last,  going  to  Mr.  Davenports,  she  was  fully  satisfied.  She 
denyed  that  euer  she  vsed  the  words  sermon  sicke,  or  masse, 
or  high  alter,  in  refference  to  the  contributions.  She  con- 
fessed she  had  rather  have  given  twice  as  much  in  a  private 
way  to  pastour  or  teacher,  she  went  because  her  husband  com- 
manded her,  yet  afterwards  she  expresly  denyed  that  her 
husband  had  commanded  her. 

[153]  II  Dyvers  witnessing  against  her  therein,  she  would  have 
wound  herselfe  out  of  tlie  contradiction  by  saying  her  lius- 
band  allowed  her  to  goe,  then  that  her  husband  wished  her  to 
goe,  but  she  gave  noe  satisfaction. 

Then  she  laded  the  witnesses  with  reproach  that  she  might 
disable  their  testimony,  all  of  them  were  lyars.  Job  by  his 
lying  had  bin  the  death  of  Mrs.  Leach  her  child,  w^h,  (she 
not  being  able  to  prove,)  was  accounted  a  rash  or  false 
chardge.     She  saitli  he  was  taken  in  two  lyes  about  her  beinge 


252  NEW   HAVEN    COLONY   RECORDS.  [1646 

sermon  sicke,  w^h  he  had  after  denyed,  and  that  Mrs.  Malbon 
had  bin  the  occassion  of  his  sinne  in  telling  lyes  out  of  dores. 
Job  denyed  the  chardge  of  lying.  Mr.  Godfrey  being  called 
to  it,  vppon  oath  testified,  that  Job  had  said  he  had  sinned  in  re- 
porting things  out  of  the  famyly,  but  Mrs.  Malbon  had  sinned 
more  in  drawing  them  from  him.  Job  answered  that  looking 
on  himselfe  as  the  accuser,  he  was  one  while  discouradged 
from  complayninge  to  the  magistrate,  but  being  at  Mr.  Malbons 
howse  &  Mrs.  Malbon  questioning  with  him  about  the  meeting 
at  Mr.  Leeches  howse,  his  owne  sperit  being  then  burdened, 
he  then  accounted  it  a  call  to  speak  what  he  had  heard,  though 
some  doubts  after  returned. 

Arthur  Holbridge  testified  he  had  heard  Mr.  Leech  speake 
well  of  Job,  as  satisfied  w^h  his  service  &  carryadge.  Mrs. 
Brewster  said  Elizabeth  was  a  harlott.  She  accused  her  also 
of  lyinge,  for  proofe  wherof  she  brought  in  Goodwife  Elsie, 
who  testified  that  Elizabeth  had  said,  that  would  be  the  last 
weeke  in  Mr.  Leeches  service,  Phillip  fearing  she  might  hurt 
herselfe  therin,  whereas  Phillip  had  spoken  nothinge  to  Mr. 
Leach  or  to  her.  Elizabeth  replyed  that  she  spake  her  owne 
app^hensions  herin.  Mr.  Leach  witnessed  that  Elizabeth  from 
the  first  entrance  into  his  service,  was  of  a  crooked  disposi- 
tionj_&  apt  to  speake  vntruthes,  &  when  himselfe  or  his  wife 
had  called  her  to  account  for  miscarriadges  she  would  seeme 
to  be  affected  and  promise  amendement,  but  they  could  never 
see  much  amendement  in  her. 

To  all  w^h  the  Governo'"  replyed,  that  the  court  would  duely 
proceede  against  any  of  the  witnesses  according  to  allegation 
&  proofe  in  due  season.  In  the  meane  time  he  propownded 
to  the  court  whether  any  thing  objected  &  proved  by  Mrs. 
Brewster  were  of  weight  against  them  or  any  of  them  in  the 
cause,  or  whether  they  would  notwithstanding  take  their  testi- 
monyes  vppon  oath. 

W^h  being  duely  considred,  the  magistrats  &  deputjes  sev- 
erally expressed  themselves  that  Mrs.  Brewster  had  proved 
nothing  to  disable  any  of  the  witnesses,  they  were  therfore  to 
give  in  evidence  severally  vppon  oath,  that  the  cause  might 
come  to  a  due  issue.     And  accordingly  Job  Hall  &  Elizabeth 


1646]  NEW    HAVEN    COLONY   RECORDS.  268 

Smith,  Edward  Parker  &  widdow  Potter,  vppon  oath  testified 
all  the  perticulers  they  had  respectively  chardged,  in  mann'" 
as  is  before  expressed.  Only  Edward  Parker  &  widdow  Pot- 
ter, though  they  conceived  Mrs.  Brewster  in  her  course  &  car- 
riadge  disliked  the  churches  proceedings,  yet  not  remem- 
bring  she  had  in  soe  many  words  expressed  it,  gave  it  not  in 
vpon  oath. 

[154]  Mrs.  Moore  appearinge  was  chardged  as  followeth, 
viz'if. 

Mrs.  Brewster  before  the  governo""  &  Mr.  Goodyeare,  first 
in  a  more  private  way  &  now  in  court,  in  Mrs.  Moors  presence 
witnessed,  that  Mrs.  Moore  in  confference  about  the  churches 
course  in  contributions  asked  what  rule  there  was  for  going 
to  the  high  alter. 

Mrs.  Moore  at  first  denyed  that  ever  she  spake  such  words, 
yet  afterwards  seemed  to  fall  vnder  the  chardge. 

Job  Hall,  serv*  to  Mr.  Leach  saitli,  that  Mrs.  Moore  in 
prayer  w^h  Mr.  Leaches  famyly  saith.  Lord  thou  hast  brought 
vs  indeede,  indeade  into  a  wildernesse,  the  wildernesse  of 
Sinaj,  where  they  are  in  bondadge  wUi  Hagar  &  her  children, 
but  let  never  a  soule  of  vs,  (speaking  of  the  famyly  at  prayer 
w^h  her,)  have  any  fellowshipp  with  them.  She  further  saith, 
when  Christ  assended,  he  gave  gifts  to  men,  some  to  be  apos- 
tles, some  prophets,  some  evangelists,  some  pastor's,  some  teach- 
ers, but  they  are  gon  through  the  world  &  are  now  assended 
into  heau".  That  in  opposition,  as  he  conceiveth  to  Mr.  Dav- 
enports sermon  vpon  Epliesians  4,  11  verse,  she  added  that 
night  in  prayer,  that  now  pastours  &  teachers  are  but  the 
invention  of  men.  That  in  conference  with  Mrs.  Brewster 
she  said,  a  vayle  is  before  the  eyes  of  mjnsters  and  people  in 
this  place,  &  till  that  be  taken  away,  they  cannot  be  turned 
to  the  Lord.  He  saith  further,  that  Mrs.  Moore  vseth  to 
expresse  content  &  satisfaction  when  Mr,  Davenport  holdeth 
forth  the  exellency  of  Christ  in  his  ministry,  but  she  saith 
she  lovetli  not  to  heare  him  presse  for  practise. 

Elizabeth  Smith  late  servant  to  Mr.  Leach  saith,  she  remem- 
breth  the  suljstancc  of  what  Job  saith  &  affirmeth,  but  not  all 


254  NEW   HAVEN   COLONY  RECOEDS.  [1646 

the  perticulers.  She  witnesseth  that  in  prayer  Mrs.  Moore 
saith,  this  people  are  lik  the  people  at  Sinaj  vnder  bondadge,  & 
prayeth  that  the  Lord  would  take  the  vayle  from  their  eyes, 
(in  conference  w^h  Mrs.  Brewster  she  hath  spoken  of  a  vayle 
before  their  eyes.)  That  Christ  gave  some  to  be  apostles, 
some  profets,  some  evangelists,  some  pastor's,  some  teachers,  & 
that  when  he  ascended  he  gave  gifts  to  men.  But  now  pas- 
to''s  &  teachers  are  but  the  inventions  of  men.  It  is  impos- 
sible they  should  have  gifts.  &  that  in  the  famyly  they  observe 
that  Mrs.  Moore  is  pleased  when  Mr.  Davenport  in  his  minis- 
try sets  forth  the  exellency  of  Christ,  but  she  loveth  not  [to 
heare  him  presse  for  practise. 

Mrs.  Moore  denyed  the  chardge. 

Thomas  Kimberly  saith  that  he  being  in  conference  with 
Mrs.  Moore,  she  asked  him  what  rule  they  had  for  church  offi- 
cers now,  he  answered  from  Ephesians  4,  11  v.  that  pastors  & 
teachers  are  appoynted  for  the  work  of  the  ministry,  &  that 
Christ  hath  promised  his  presence  &  blessing  to  them  therin. 
Math :  28.  20.  v.  Mrs.  Moore  replyed  Christ  was  with  the 
apostles  to  the  end  of  the  world,  his  promise  is  fulfilled  & 
ceaseth,  she  told  him  he  did  depend  on  the  interp''tacon  of 
men.  Tho""  Kimberly  asked  her  whether  she  tooke  the  end 
of  the  world  in  that  promise  to  refferre  only  to  the  places 
through  wh  they  should  travayle,  she  answered  yes,  or  to 
that  purpose.  Thomas  Kimberly e  sayinge  he  vnderstood  it 
to  be  an  incouradgement  to  the  apostles  &  to  those  that  should 
succeede  them  in  the  teaching  offices  till  Christ  should  come, 
she  agayne  told  him  he  did  depend  on  mens  interp''tations, 
adding,  I  warr'  you  take  the  angells  to  be  men  &  church  offi- 
cers, he  answered  he  did  take  those  angells  mentioned  Revel- 
[155]  lation,  chapt.  2'*  &  chapt.  3<i  to  be  men  ||and  officers  to 
the  seaven  churches  of  Asia ;  she  a  third  time  told  him  he 
tooke  the  interp»"tation  of  men.  She  quoted  that  scripture, 
He  hath  made  his  angells  ministring  sperits,  &  for  exposition 
&  confirmation,  alleadged  that  of  Christ,  a  sperit  hath  not 
flesh  &  bones ;  it  could  not  therfore,  (she  said,)  be  spoken  of 
men  as  officers  to  those  churches,  and  added,  if  he  could  shew 
her  owne  place  of  scripture  for  it  she  would  beleive.     Tho'" 


1646]  NEW   HAVEN   COLONY   RECOEDS,  255 

Kimberly  advized  that  if,  out  of  tendernesse  of  conscience,  she 
scrupiled  these  things,  slie  should  attend  the  best  light ;  the 
priests  lipps  should  preserve  knowledge  &c.  She  answered  in 
a  great  rage,  she  would  goe  to  none  of  them  all  for  any  truth 
of  her  salvacon,  she  was  as  cleare  as  the  sunne  in  the  firma- 
ment, &  if  he  were  not  soe,  she  would  speake  noe  more  with 
him.  After  this  Tho'"  Kimberly  went  agayne  to  deale  with 
her  about  her  erro""  in  the  poynt  of  church  officers,  but  she 
drew  backe  &  would  not  heaye  him,  giveinge  only  this  answer, 
if  she  were  in  an  erro''  it  was  to  herselfe,  he  had  noe  author- 
itye  to  examine  her  about  it. 

Mrs.  Moore  denyed  that  euer  she  said,  pastor's  &  teachers 
are  the  inventions  of  men,  she  told  Tho'"  Kimberly  she  would 
conceale  her  judgm^.  She  acknowledged  Christ  was  present 
with  the  apostles  in  their  travayls  to  the  end  of  the  world, 
according  to  Mathew  28.  20.  v.  but  for  any  other  meaninge 
she  dependeth  not  on  mens  interpretations,  and  she  con- 
ceived those  angells  of  the  7  churches  to  bee  sperits,  &  not 
teaching  officers.  She  alleadged  Psalme  104.  4.  &  Hebrewes 
1.  7.  14.  V.  Thoni  Kimberly  said,  he  had  told  her  there  were 
2  sorts  of  angells,  some  sperits,  some  in  flesh,  Mrs.  Moore, 
said  he,  pished  at  it. 

The  Governo'"  told  Mrs.  Moore  she  was  full  of  erro^'  not- 
withstanding ye  scripturs,  Angell  is  a  name  of  office,  signy- 
fies  messengi^s,  &  may  be  applyed  either  to  those  glorious  sper- 
its his  messeng's.  Psalm  104.  4.  or  to  men  whom  God  im- 
ployes  in  such  service,  as  in  the  Revellation.  Christ  was 
indead  with  his  apostles  in  their  worke  through  all  their  trav- 
ells,  &  they  travelled  farr,  yet  could  not  goe  into  euery  part 
or  country  of  the  world,  probably  they  were  never  in  this 
lardge  tract  &  part  of  the  world,  called  America.  The  prom- 
ise is  therfore  of  a  lardger  extent,  that  he  would  bee  with 
them  &  their  successo'"s,  such  as  in  all  ages  &  places  he  should 
imploy  &  send  vppon  the  great  messadge  &  buisjnesse  of  mans 
salvatio  to  the  end  of  the  world ;  had  she  kept  her  erro'"  to 
herselfe,  herselfe  only  had  ])in  hurt,  but  it  is  not  to  be  suffered 
that  she  should  blaspheame  &  revyle  the  holy  ordynanses  of 
Christ  &  the  church  &  people  of  God,  that  she  should,  as 


256  NEW  HAVEN  COLONY  RECOEDS.  [1646 

much  as  in  her  lyeth,  by  spreadinge  her  erro's  corrupt  others 
&  disturb  the  peace  of  the  place. 

Mrs.  Moore  againe  dcnyed  the  chardge,  &  perticulerly  that 
euer  she  said,  pastors  &  teachers  were  the  inventions  of  men. 
She  affirmed  herselfe  to  be  a  member  of  a  church,  she  was 
asked  of  what  church,  but  made  noe  reply.  She  was  told  that 
by  three  witnesses  it  is  affirmed  she  had  vppon  severall  tymes, 
&  vppon  severall  occassions  said,  that  pastours  &  teachers  are 
the  inventions  of  men,  &  against  one  of  the  witnesses 
[156]  II she  could  have  noe  just  exception,  he  is  of  approued 
fidelity,  she  said  Tho'"  Kimberly  had  revyled  her,  but  though 
demanded,  shewed  not  wherein.  Tho'"  Kimberly  denyed  it, 
&  Mrs.  Leach,  daughter  to  Mrs.  Moore,  who  had  bin  present 
at  their  conference,  beinge  asked,  said,  she  knew  noe  such 
thinge.  Here  vppon  Leiut  Godfry  who  had  lodged  <fe  dyeted 
at  Mr.  Leaches,  &  was  brought  in  (this  court)  as  a  witnesse 
concerning  Job  Hall,  was  asked  what  he  heard  Mrs.  Moore  say 
about  pastel's  &  teachers.  He  affirmed  that  in  opposition  to 
Mr.  Davenport,  Mrs.  Moore,  in  his  hearinge,  had  said,  that  all 
those  to  whom  Christ  gave  gifts  are  dead,  &  that  now  pastours 
&  teachers  are  the  inventions  of  men.  Mrs.  Moore  asked  him 
where  she  spake  it,  he  answered,  she  spake  it  in  Mr.  Leaches 
parlour. 

Mrs.  Moore  was  told  that  the  evy deuce  was  full  &  perticuler, 
&  suffitient  to  convince  her,  yet  since  she  seemeth  not  satis- 
fyed,  the  court,  (as  in  such  cases,)  would  require  oath,  &  ac- 
cordingly Leiut.  Joseph  Godfrey,  Tho™  Kimberly,  Job  Hall  & 
Eliz=^  Smith,  vppon  oath  testified  what  they  had  severally 
affirmed. 

Mrs.  Moores  daughter  Mrs.  Leach,  being  chardged,  that 
vppon  a  question  or  conference  about  joyning  with  this 
church,  she  had  said  to  Mrs.  Brewster,  (as  formerly  to  Mrs. 
Wackman  or  some  others  of  the  church,)  that  she  somtime 
had  a  mynd  to  joyne,  but  now  declyned  it,  because  she  fownd 
so  manny  vntruthes  amonge  them. 

The  Govern'^  asked  what  she  said  to  the  chardge,  she 
readyly  owned  it,  confessing'she  had  said  soe.  Being  demanded 


1646]  NEW  HAVEN   COLONY  RECORDS.  257 

what  moued  her  to  lay  such  a  slanderous  reproach  vppoii  a 
church  of  Christ  desiring  to  walke  vprightly,  &  to  goe  from 
one  to  another  with  such  a  slaunder,  she  boldlye  answered. 
She  was  told  it  was  a  cleare  evidence  of  the  churches  integryty, 
that  they  could  not  beare  with  them  that  are  evill,  that  as 
they  are  able  they  keepe  their  watch,  exhort  &  censure  ac- 
cording to  rule,  that  vppon  such  a  grownd  any  might  have 
declyned  Christs  famyly,  because  there  was  a  theife,  a  divell 
in  it,  &  might  have  reproached  that  primitive  pure  church  at 
Jerusalem,  because  Ananias  &  Saphira  were  fownd  out  &  pun- 
ished for  lyinge.  Such  disco  very  s  &  censures  did  &  ought  to 
restrayne  the  presumption  of  hipocrites,  but  beleivers  were  the 
more  added,  and  the  people  saw  cause  to  magnifye  such  a 
church,  Acts  5,  13, 14. 

Mrs.  Leach  neither  excussed  nor  replyed,  but  as  guilty 
seemed  to  take  the  weight  of  the  chardge  vppon  herselfe,  & 
continueing  in  Court,  spake  vncomly  for  her  sex  &  age,  and 
once  falsly  chardged  the  witnesses  with  contradiction,  when 
there  was  noe  appearance  or  disagreement  betweene  them,  soe 
that  her  carryadge  offended  the  whole  court. 

These  3  causes  being  thus  opened,  &  proofe  thus  made,  were 
all  ready  for  censure,  but  vpon  consideration  of  the  nature  & 
weight  of  the  offences,  the  magistrates  &  deputyes  conceived 
they  were  all  proper  for  a  higher  court.  By  order  therfore 
sentence  was  respited  &  refferred  to  the  court  of  magistrates 
for  the  jurisdiction. 

[157]  II  Edward  Parker  was  complayned  of  for  going  vp  & 
downe  spreading  false  reports  to  the  defamation  of  Mr.  Rich- 
ard Malbon,  Magistrate,  in  saying  that  greater  then  "W^  Pres- 
ton lately  cast  out  of  the  church  for  lyeing,  should  shortly  be 
called  in  question  for  neglecting  to  take  knowledge  of  the 
drunckenesse  of  the  boatswayne  of  the  Adventure,  and  saying 
vnto  him  the  next  day  after,  that  he  would  not  for  tenn 
pownds  any  had  scene  him  as  he  did  the  last  night.  And  this 
he  reported  vnto  Robert  Emery  &  Mary  Emery  his  wife,  who 
lived  at  Mr.  Malbons  farme  &  now  testified  the  same  in  court. 
Wheras  in  truth,  as  was  testified  by  Mr.  Malbon,  he  seeing 
him  the  night  spoken  of  runne  in  hast  &  it  being  darke,  did 
83 


258  NEW  HAVEN   COLONY   RECORDS.  [1646 

not  thinke  whom  it  was  till  he  was  past  11"%  &  to  his  observa- 
tion he  reeled  as  he  went,  but  soe  soone  as  he  saw  h™  the  next 
day,  he  asked  him  whether  he  mett  him  not,  &  in  what  case 
was  he  in,  the  boatswayne  answered,  in  good  case.  Mr.  Mal- 
bon  replyed  that  if  he  did  miscary  in  this  place  he  would  feele 
the  smart  of  it.  But  the  former  report  being  spread  by  Edw. 
Parker  who  said  he  was  told  so  by  Jonathan  Rudd,  who  was 
told  so  by  the  boatswayne  &  he  told  Samuell  Daighton.  Mr. 
Malbon  going  to  cleare  it  to  Jonathan  Rudd,  Jonathan  Rudd 
afterward  told  Edw:  Parker  Mr.  Malbon  went  to  cleare 
h™selfe,  but  to  abase  h™.  But  Mrs.  Brewster  hearing  of  it, 
Edw.  Parker  said,  I  had  rather  be  questioned  by  any  boddy 
then  her,  for  she  hath  a  notable  patte.  • 

Furth%  Edw.  Parker  going  to  Mrs.  Tumi's  from  Mr.  Mal- 
bons  where  he  had  killed  a  very  fatt  oxe,  tells  Mrs.  Turner 
that  Mr.  Gregson  was  playne  downright,  but  Mr.  Malbon  kept 
the  best  &  gave  the  seamen  the  worst  of  his  oxe,  Mrs.  Turner 
questioning  him  al^out  it  the  day  following,  he  told  her  she 
was  a  cunning  weoman.  But  Mr.  Goodyeare  testified,  the 
worst  bit  of  that  was  better  then  the  best  of  most.  Mr.  Mal- 
bon testified  the  oxe  had  bin  two  yeares  a  fatting,  and  haveing 
filled  his  tubbs,  he  was  contented  to  spare  the  seamen  of  that 
w'^h  was  left,  &  after  the  boatswayne  had  scene  it  he  said  he 
would  have  it,  but  he  never  did  as  Edw.  Parker  reported,  by 
his  faire  tongue  prevayled  wUi  them  to  take  it.  Goodm" 
Walker  testified  that  he  went  into  the  cellar  w'h  the  boat- 
swayne to  shew  him  the  meate,  &  did  shew  himselfe  willing  in 
his  hearing  to  have  it. 

Mary  Pery  testified  that  they  were  told  that  if  they  liked  it 
not  they  should  leave  it,  &  that  she  had  had  some  of  the 
shoulder  &  it  was  very  good  meate. 

Edw.  Parker  fell  vnder  that  speech  of  his  wherin  he  had 
said  Mr.  Malbon  by  his  faire  tongue  had  prevayled  with  them 
to  take  the  beefe,  &  for  his  defaming  of  him,  &  by  his  false 
reports  seekeing  to  take  away  his  good  name,  as  the  breach  of 
the  6th  and  ninth  commandemts,  submitted  himselfe  to  the 
court.  The  centence  of  the  court  was  that  he  should  pay  five 
pownds  as  a  fine  to  Mr.  Malbon  for  his  defameing  of  him,  & 


1646]  NEW   HAVEN   COLONY   RECORDS.  259 

be  imprisoned  the  courts  pleasure.  Mr.  Malbon  informed  the 
court,  vppon  Edw.  Parkers  petition  to  the  court  for  release 
from  imprisonm*  and  further  acknowledgm'  of  his  evill  w^h 
more  answerable  affection,  that  he  would  not  inrich  h"iselfe 
in  this  way,  but  remitted  freely  the  fine,  &  the  court  freely 
released  him  from  his  imprisonment,  vpon  hopes  of  this  being 
a  warning  to  him  how  he  transgresse  in  the  lik  kind,  for  if  he 
did,  it  would  not  passe  so  easylje. 

Phillip  Galpin  and  Elizabeth  Smith,*  standing  guilty  of  for- 
nication and  defyling  themselues,  W^h  was  the  breach  of  the 
7^^  commandement,  both  fully  acknowledged  it  &  their  sinne 
in  it,  &  expressed  their  sorrow  for  it.  The  centence  of  the 
court  was,  that  both  of  them  should  be  publiquely  whipped, 
Phillip  at  present,  &  Elizabeth  being  now  w'h  child,  the  exe- 
cution of  the  centence  was  respited  vntill  she  was  deliuered. 
[158]  II  Samuell  Swayne  complayned  of  Mr.  Mullyner  for 
neglecting  of  traynings,  watchings  &  bringing  of  his  armes 
when  it  was  his  turne  one  the  Lords  days. 

Mr.  Mullyner  acknowledged  he  had  neglected  it  &  pleaded 
he  had  not  done  it  in  Newhaven  nor  in  the  Bay,  but  for  what 
has  bin  done  by  him  he  submitts  to  the  court  &  promiseth 
amendement.  Samuell  Swayne  desired  the  jugment  of  the 
court  for  the  time  that  is  past,  &  that  he  be  ordred  for  the 
time  to  come.  Tlie  court  agreed  that  he  doe  the  service  for 
the  time  to  come,  &  for  what  is  past  the  court  will  further 
consid^  of  it.  Samuell  Swayne  desired  to  know  whether  all 
from  16  to  60  should  trayne,  if  they  had  bine  magistrats 
elswhere.  The  Courts  answer  was  that  it  was  meetc  to  be 
respited  vntill  the  next  Gennerall  Court  for  the  jurisdiction, 
provided  they  be  all  furnished  with  armes. 
Kiel  Pery,  Plant. 
Luce  Brewster  def. 

[The  remainder  of  this  page  and  also  pages  159  and  160  are  blank.] 


*  Tn  the  margin,  "  Pliillip  Galpino  and  his  wife." 


260  new  haven  colony  records.  [1646 

[161]  At  a  Court  of  Magistrats  held  for  Newhauen 
Jurisdiction  June  l^h  1646. 
Wheras  Thomas  Fugill  vpon  complaynts  from  the  gen" 
Court  at  Newhaven,  was  two  monthes  since  summoned  to  this 
Court  of  Magistrats  to  answere  severall  raiscariadges  &  offenses 
chardged  onn  him,  but  then  through  indisposition  of  boddy, 
(as  was  proffessed,)  he  could  neither  appeare  nor  give  an  an- 
swere as  the  case  required,  and  since,  the  said  Tlio™  Fugill 
hath  bin  selling  off  part  of  his  goods  &  hath  expressed  some 
purpose  of  a  voiadge  or  remove;  vpon  a  motion  made  this 
day  by  Mr.  Wackman,  the  court  sent  Mr.  Francis  Newman 
and  Mr.  Gibbard  to  the  said  Tho'"  Fugill  requiring  him,  either 
by  himselfe  or  by  his  deputy,  to  make  his  defence,  &  had  this 
returne  from  him,  that  being  still  payned  in  his  head,  he  could 
neither  appeare  personally,  nor  was  he  prepared  to  answere  by 
any  other,  if  the  court  would. proceede  he  should  submitt,  but 
wished  them  to  looke  to  their  evidence;  w^h  answer  was 
thought  overbold  &  vnco"'ly  for  a  man  vnder  such  apparent 
guilt.  It  is  therfore  ordered,  and  by  this  Court  hee  is  re- 
quired, that  he  neither  proceede  further  in  sale  of  his  goods 
or  estate,  nor  remove  from  the  plantation,  till  (as  before)  he 
either  answere  the  court  of  magistrats,  or  Newhaven  court, 
w^h  such  magistrats  as  they  shall  call  in  to  asist  them,  for  his 
severall  miscarriadges,  if  hee  doe  otherwise,  the  court  shall 
take  it  as  a  contempt  and  proceede  accordinglie. 


At  a  Court  held  at  Newhauen  this  7^^  July,  1646. 

James  Steward  for  a  defective  worme  &  scourer  was  fined 
6%  he  haveing  deluded  the  officers  w'h  another  mans  armes 
when  his  owne  were  defective. 

Mathew  Row  for  haveing  a  foule  gunne  was  fyned  1^.  Mr. 
Peirce  wanting  a  rest  fined  1^, 

Roger  Knap  for  wanting  bullets,  scourer,  belt  &  rest,  fined  5^. 

Edw.  Parker  defective  gun  &  touchole  fined  1^  Robert 
Preston  defective  guiie  &  wanteing  a  scourer  fined  2^ 


1646]  NEW   HAVEN   COLONY  RECORDS.  261 

Jno  Benham  for  a  foiile  lockc  fined  1^.  Edw.  Chipfeild 
haveing  a  foiile  lock,  wanting  a  pownd  of  bulletts,  haveing 
often  vsed  meanes  to  liave  bin  better  provided  was  fined  l^. 

Jno  Kimber  wanting  bullets  fined  1^  W™  Pert  haveing  a 
foule  gune  &  wanteing  a  new  touch-hole  was  fyned  l^. 

RiC^  Newman,  Fran :  Browne,  Robert  Vsher,  W^  Bassett  & 
Tho'"  Beech  for  their  defects  in  their  guns,  fyned  1^  a  peice. 

Geo.  Banks  fined  1^  for  want  of  a  belt. 

Sam.  Wilson  defective  cock  of  his  peece,  &  his  bandeliers 
wanteing  covers  was  fined  5^. 

Benjamin  Wilmott  defective  sockett  &  bullets,  fined  1^. 

Jam.  Hey  wood  wanting  match,  fined  1^.  Mihill  Palmer 
wanting  worme  &  scourer,  fined  1^ 

John  Morse  beinge  bidd  to  walke  the  rownds  on  a  Lords 
day,  came  into  the  meeting  howse  &  stayed  there,  so  that  the 
service  was  neglected,  fined  10^. 

James  Steward  was  complayned  of  for  severall  disorderly 
expressions  and  contempt  of  the  magistracye  in  this  place. 

James  Steward  haveing  bin  prest  by  Mr.  Malbon  for  to  help 
mend  some  of  the  towne  highwayes,  vpon  the  intreaty  of  Mr. 
Newman  &  Mr,  Crayne,  hee  at  first  grumbled  at  it,  at  length 
said  he  would  chuse  his  time  if  he  went,  however  vnwilling  he 
was  to  goe,  although  others  had  expressed  themselues  willing 
as  much  strejtned  as  himselfe,  but  being  told  that  if  he  went 
not  it  would  bee  accomtcd  a  contempt,  then  he  said  he  had  noe 
tooles.  Mr.  Tuttle  tendred  the  lending  of  him  tooles,  pro- 
vided he  would  make  them  good,  his  answere,  as  Mr.  Tuttle 
testified,  was  that  he  would  not  come  into  their  claues  or 
pawes. 

James  Stewards  answere  was  that  he  being  charged  by  Mr. 
Malbon  to  attend  the  service,  he  wondred  whj  himselfe  more 
then  other  freemen  should  bee  joressed,  but  howsoever,  he 
sought  for  Luk  Atkinson  to  have  gon  in  his  roome,  but  he 
would  not  mak  good  tooles,  but  he  intended  seing  he  could 
not  get  Luk,  to  have  gon,  but  it  rayned. 

John  Coop  being  wUi  Mr.  Tuttle  one  morning  at  the  gate, 
James  Steward  came  along  w^h  his  cattle,  &  said  what  must  I 
help  you  work  ?  then  Jn^  Coop  said,  you  must  help  the  towne. 


262  NEW   HAVEN   COLONY  EECORDS.  [1646 

James  answered  he  was  vnsetled  &  wanted  tooles,  Mr.  Tuttle 
offred  h"^  tooles,  but  if  he  brak  them  he  shonld  mak  them 
good,  he  said  noe  he  would  not  nor  come  in  their  pawes  or 
clawes,  wherevpon  Mr.  Tuttle  told  him  he  must  make  good 
the  tooles.  Jn°  Coop  added,  wh"  it  left  rayning  oth»"s  came, 
as  Jn"  Kimber  &  others,  but  not  himeself,  &  next  day  would 
not,  could  not,  if  had  not  6^  p  day,  &  he  told  Eoger  Knap  he 
was  a  foole  to  goe  so  easylie. 

[162]  II  The  centence  of  the  court  was,  that  for  his  contempt 
of  the  surveyo''s,  magistrate  &  magistracy,  he  should  pay  five 
pownd  as  a  fine,  &  be  imprisoned  the  courts  pleasure. 

Edw.  Parker  &  his  wife  p^sented  their  desires  to  the  court 
to  invest  Jn^  Potters  two  sons  in  the  right  of  their  fathers  land 
&  howse,  &  declared  themselues  willing  to  bestow  a  hejfer  of 
a  yeare  old  on  Hannah,  &  deliuer  it  presently  for  her  vse,  & 
so  to  be  improved  as  a  stock  for  her,  &g.  as  ^  a  perticuler 
writting  in  the  hand  of  the  secrettarie,  made  &  signed  by  both 
of  them  before  the  governour,  deputy  governour,  &  magistrate. 

Pawquash  a  Quillipiock  Indian  was  first  complayned  of  for 
leaveing  open  the  Oystershelfeild  gate,  &  damadge  being  done 
therby  refussed  to  give  any  satisfaction. 

Secondly,  he  about  4  years  since  came  into  Mr.  Craynes 
howse  when  they  were  blessing  God  in  the  name  of  Jesus 
Christ ;  and  that  he  then  did  blaspheamously  say  that  Jesus 
Christ  was  mattamoy  &  naught,  &  his  bones  rotten,  &  spake  of 
an  Indian  in  Mantoises  plantation  assended  into  heaven,  w<=h  was 
witnessed  by  Mr.  Crayne,  Mrs.  Crayne,  Mrs.  Ling,  W^  Holt, 
Goodie  Camp.  The  centence  of  the  coiirt  was  the  he  should 
be  searverly  whipt  for  thus  scorning  at  o''  worshipping  God  & 
blaspheame  the  name  of  our  Lord  Jesus,  &  informed  h™  that 
if  he  should  doe  soe  hereafter  or  now,  it  had  bin  against  the 
light  he  now  has,  it  would  hazzard  his  life.  And  for  the 
damadge  by  meanes  of  the  gats  being  left  open,  he  was  to  pay 
5^  to  Tho"^  Knowels. 

Thomas  Fugill  appearing  now  before  the  court,  was  first 
desired  to  give  answere  to  the  court  whj  he  had  soe  long  held 
them  vnder  delayes ;  his  answer  was,  that  it  was  true  he  liad 
bin  sent  for  oft,  but  although  it  might  be  conceived  he  was  able 


1646]  NEW  HAVEN  COLONY  RECORDS.  263 

to  come,  yet  his  bocldyly  weakncsse  was  such  &  soe  great  that 
it  hindred  him,  &  that  once  he  attempted  to  put  forth  nature 
to  the  vtmost  &  he  had  smarted  for  it. 

Secondly,  he  being  sent  for  the  last  court  of  magistrats 
sitting,  &  he  returned  this  answer  by  Mr.  Fran :  Newman  & 
Mr.  Gibbard,  that  if  they  pleased  to  pceede,  he  was  not  pre- 
pared but  wisht  them  look  to  their  evidence,  w-h  was  thought 
too  bould  an  answer;  he  denyed  it,  wherevpon  Mr.  Fran: 
Newman  &  Mr.  Gibbard  informed  the  court  it  was  truth,  & 
that  they  were  far  from  making  the  most  of  it,  for  they  told 
not  w^h  what  frame  of  sperit  he  exj^ressed  himselfe. 

Thirdly,  that  after  an  order  left  wUi  you,  made  by  the  court 
of  magistrates,  wlierin  hee  was  ordred  to  sell  nothing  vntil  he 
had  attended  the  court,  yet  he  had  gon  about  to  sell  somthing 
since,  w^h  he  acknowledged  true,  he  had  treated  w^li  old 
Goodman  Wilmott  about  some  swyne. 

Fourthly  that  this  day  he  sends  a  noate  to  the  court,  & 
Cometh  not  himselfe  nor  sends  a  deputy.  Thomas  Fugill  an- 
swered he  was  vnder  two  heavy e  sensurs.  First,  the  losse  of  "2, 
his  place,  2'"y,  the  centence  of  excomunjcation.  And  for  the 
vnrighteousnesse  he  stands  chardged  w'h,  in  taking  in  &  de- 
tayning  of  land  vnder  the  West  Rocke  wh  was  not  his  owne, 
but  the  townes,  he  said  he  did  it  not  w^h  any  intent  to  deceive 
the  towne,  &  that  land  was  not  judged  worth  more  then  12^ 
an  acre.  Secondly  for  the  chardge  of  falsifyinge  orders,  he 
expected  not  to  have  bin  questioned  about  it,  therfore  he  is 
not  provided  for  it.  He  being  asked  by  Capt.  Astwood,  why 
he  was  not  pi'pared  to  give  answer  to  the  2<i  thing,  he  answer- 
ed he  vnderstood  not ;  and  added,  he  did  not  add  those  words 
in  the  great  book  chardged  to  be  don  by  hm,  since  Mr.  Cheev- 
ers  read  the  order,  however  he  fayled  in  putting  in,  wUiin  the 
2  myles,  &  said  he  neu'"  said  to  any,  it  was  a  bowndlesse  ord"", 
because  it  is  saidj  as  much  as  he  desires. 

The  plantifs  desired  the  court  the  overplus  of  land  might 
returne  to  the  towne,  &  his  proportion  kept  wUiin  the  two 
rivers  &  w^hout  the  two  myles. 

[163]  The  centence  of  the  court  was,  ||that  for  his  vnwright- 
eousnesse  in  taking  in  &  detayning  of  the  townes  land,  and 


264  NEW  HAVEN   COLONY  RECORDS.  [1646 

falsify eing  of  orders,  &  liis  contempt  of  the  court,  Thomas 
Fugill  should  pay  20^  fine  to  the  towne,  and  that  the  land  be 
reduced  to  its  dew  bownds,  according  to  the  first  grant, 
namely,  betweene  the  two  rivers  and  w^liout  the  two  myles. 

It  was  ordred  vpon  Edward  Hitchcocks  informing  of  the 
court  that  the  time  was  out  that  he  was  to  enjoy  Goodman 
Budds  meddow,  Mr.  Francis  Newm"  &  John  Cooper  be  valine  d 
what  the  grasse  is  worth  &  that  it  be  accounted  for  in  rates. 


At  a  Court  held  att  Newhaven  the  4*^  Aug.  1646. 

Henry  Lindoll  informed  the  court  that  W'"  Ball  had  told 
him  that  his  peice  was  chardged,  &  he  blowing  through  it, 
went  &  knoct  it,  &  out  came  4  bulletts,  but  he  fownd  noe 
powder.  Jerymy  &  Thomas  Osborne  affirmed  that  there  was 
noe  powder  scene  to  come  out  of  the  peice.  Richard  Fydo 
informed  the  court  that  W'"  Ball  told  him  laughingly,  that 
he  knew  there  was  noe  powder  in  his  gune. 

For  w'^h  guilfuU  carriadge  of  his  &  vntruth  vnto  the  m""  of 
the  watch,  W'"  Ball  was  fined  40^  &  to  pay  the  chardges  of 
them  that  have  attended  vpon  the  court. 

Whereas  Benja:  Hill,  form''ly  warned  to  the  court  &  appear- 
ing not,  was  entred  a  contempt,  the  m"" shall  not  being  cleare 
he  gave  him  meete  warning,  the  contempt  was  taken  of,  &  he 
fined  for  his  defective  scourer  6^ . 

Rich  Perys  action  w'h  Goodm"  Bishopp  was  refferred  vntil 
next  court. 

Joseph  Brewster  absent  on  atrayning  day,  was  fyned  5%  & 
for  want  of  a  worme  &  scourer  12«i. 

Jno  Thomas,  gun  being  defective,  was  fined  1^. 

W'l  Blayden  complayned  of  by  the  m^shall  for  nonepay- 
ment  of  his  fines,  it  was  ordred  that  he  pay  them  by  the  next 
court,  &  if  he  did  not  a  stresse  should  be  made. 

Mr.  Joshuah  Atwatter  desired  the  justice  of  the  court  about 
some  nayles  that  Tho'"  Robinson  had  stole  from  the  shipp, 
vizd  161'^  ^  at  S'l  F  "5.    Ordred  by  y^  court  that  11^  more  then 


1646]  NEW   HAVEN   COLONY  RECORDS.  265 

the  nayles  bee  stopt  in  the  treasurers  hands  vntil  hee  shew 
cause  to  the  contrary. 

The  mi'shall  informed  the  court  that  he  had  sent  vnto  Geo. 
Ward  for  his  fyne  &  his  answere  was,  that  for  the  present  he 
knew  not  or  could  not  tell  what  answere  to  send.  It  was 
ordred  he  should  be  warned  to  attend  the  next  court. 


At  a  Gen"  Court  held  at  Newhaven  this  16^^  Aug.  1646. 

Brother  Benham   &  bro.  Glover  had  lil^erty   to  dept  the 
court. 
The  former  order  about  swine  was  confirmed. 
A  protest  from  the  Dutch  Governour*  was  read  in  court,  & 


*  "  The  protest  came  in  Lattyn,  the  contents  in  English  are  as  followeth, 
Wee  Willyam  Kieft,  Gen''all  Director,  &  the  Senate  of  New  Netherland,  for  the 
high  &  mighty  Lords  the  States  of  the  United  Belgicke  Provinces  for  his  excellency 
the-Prince  of  Orange  &  for  the  most  noble  Lords  the  Administrafs  of  the  West  India 
Company,  To  thee,  Theophilus  Eaton,  Gou''nor  of  the  place  by  us  called  the  Red 
Hills  in  New  Netherland.  (but  by  the  English  called  New  Haven,)  we  give  notice, 
That  some  yeares  past,  yours,  without  any  occasion  given  by  us,  &  without  any 
necessity  imposed  upon  them,  but  w'''  an  unsatiable  desire  of  possessing  that  w^h  is 
ours,  against  our  ptestacons,  against  the  lawe  of  nations,  &  against  the  antient  league 
betwixt  the  kings  ma<ie  of  Great  Brittaine  &  our  Superiors,  have  indirectly  entred  the 
lymits  of  New  Netherland,  usurped  diurs  places  in  them  &  have  beene  very  injurious 
unto  us,  neither  have  they  given  satisfaction  though  oft  required.  And  because  you 
&  j^ours  hare  of  late  determined  to  fasten  your  foote  neere  Mauritius  Ryver  in  this 
Province,  &  there  not  onely  to  disturbe  our  trade  of  noe  man  hitherto  questioned,  & 
to  drawe  it  to  yselves  but  utterly  to  destroy  it,  we  are  compelled  againe  to  ptest  & 
by  these  p'sents  we  doe  ptest  against  y"  as  aginst  breakers  of  the  peace  &  disturbers  of 
the  publiqus  quyet,  that  if  y»  doe  not  restore  the  places  y"  have  usurped  &  repaire 
the  losse  we  have  suffered,  we  shall  by  such  meanes  as  God  affoards,  manfully  recour 
them,  neyther  doe  we  thinck  this  crosseth  the  publique  peace,  but  shall  cast  the  cause 
of  the  ensuing  evill  upon  you.     Given  in  Amsterdam  Fort  Aug.  3.  1646.  new  stile. 

WILLYAM  KIEFT. 
"  The  answer  Avas  returned  in  Lattin  to  the  sayd  ptest,  the  contents  as  followeth. 
To  the  Right  Wor"  W'»  Kieft,  Goumor  of  the  Dutch  in  New  Netherland, 
S'.    By  some  of  yrs  I  have  lately  receaved  a  ptest  under  y  hand  dated  August  the 
3'i  1646,  wherein  y"  ptend  we  have  indirectly  entred  the  lymitts  of  New  Netherland, 
usurped  diu^s  places  in  them,  &  have  offered  you  many  inuries;  thus  in  gen''all  &  in 
reference  to  some  j'eares  past,  more  particularly  to  the  disturbance,  nay  to  the  utter 
destiiTction  of  y''  trade,  we  have  lately  set  foote  neere  Mauritius  Ryu^  in  that  Province. 
We  doe  truly  pfesse  we  know  noe  such  Ryu"",  neither  can  we  conceave  what  Ryur 
y„  intend  by  that  name,  unlesse  it  be  that  vf'h  the  English  have  long  &  still  doe  call 
Hudsons  Ryu^    Nor  have  we  at  any  time  form^ly  or  lately  entred  upon  any  place  to 
w^h  y"  had  or  have  any  knowen  tytle,  nor  in  any  other  respect  beene  inurious  to  yt>. 
It  is  true  we  have  lately  upon  Paugaset  Riur,  w<=h  falls  into  the  sea  in  the  midst  of 

34 


266  NEW   HAVEN   COLONY  RECOEDS.  '      [1646 

an  answere  to  the  same  sent,  and  directions  given  to  them 
that  keep  the  trading  howse.  And  it  was  fully  &,  satisfy e- 
ingly  voted,  that  the  court  would  mak  good  their  titles  here, 
&  at  the  trading  howse,  &  leave  the  issue  of  things  to  Godj 
whateuer  they  may  bee. 

Nehemiah  Smith's  request  was  read,  viz^^. 

These  are  the  propositions  I  thought  meete  in  wrighting  to 
jDropownd  to  yo^"  worP%  vpon  w<=h  I  desire  land, 

First,  that  I  might  have  for  myne  owne  propryety  20  acr. 
of  vpland  &  10  acr.  of  meddow. 

2<iiy,  that  I  might  have  it  vpon  that  hill  where  I  have  made 
a  sheeps  penne,  of  the  south  si'le  of  the  hill  of  Mr.  Malbons 
cove,  because  the  sheepe  may  have  the  ayre  of  the  sea  in  the 
summer  time,  lyeing  4  square  by  reason  lesse  chardge  will 
fence  it. 

S^iy,  also  I  desire  when  the  sheepe  doe  returne,  I  may  have 
20  acr.  more  of  vpland,  &  10  acr.  of  meddow,  for  wthout  20 
acr.  of  meddow  I  can  doe  noe  good  w^h  keepeing  the  sheepe. 

these  English  plantacons,  built  a  small  house  within  o''  owne  Ij'mitts,  many  miles,' nay- 
leagues  from  the  ]\Ionhattoes,  from  yo"^  trading  house  &  from  any  part  of  Hudsons 
Ryu"",  at  which  we  expect  little  trade,  but  can  compell  none.  The  Indians  being  free 
to  trade  w'h  y",  us,  Conecticaut,  Massachusets  or  Av'h  any  other,  nor  did  we  build 
there  till  we  had  first  purchased  a  due  ty  tie  from  the  true  proprietors.  What  inuries  & 
outrages  iu  our  psons  &  estates,  at  the  Manliattoes,  iu  Deleware  Ryu'',  &c.  we  have 
receaved  from  y",  o"^  form"-  letters  &  protest  doe  both  declare  &  pve,  to  all  w"=h  y" 
have  hitherto  given  very  ixnsatisfying  answei's,  but  whateu"^  o'  losses  &  suffermgs 
have  beene,  we  conceave  we  have  neither  done  or  returned  any  thing,  even  to  this 
very  day,  but  what  doth  agree  w'h  the  lawe  of  God,  the  lawe  of  nations,  &  w'h  that 
antient  confederacon  &  amity  betwixt  or  superiors  at  home.  Soe  that  we  shall  read- 
ily refer  all  questions  &  differences  betwixt  y"  &  us,  even  from  first  to  last,  to  any  due 
hearing,  examination  &  iudgemt,  either  heere  or  in  England,  &  by  these  psents  we 
doe  refer  them,  being  well  assured  that  his  Ma''e,  C"  Soui-aigne  Lord  Charles,  King  of 
Great  Brittayne  &  the  Parlyament  of  England  now  assembled  will  mayntaine  their 
owne  right  &  oiir  iust  lyberties  against  any  whoe  by  uniust  incrochemt  shall  wrong 
them  or  theirs,  and  that  yoi^  owne  principles,  upon  a  due  and  mature  consideracon, 
will  alsoe  see  &  approve  of  the  righteousnes  of  o'  pceedings. 

New  Haven  in  Newe  England  T.  EATON. 

Aug.  12*  1646.  ould  stile." 

Records  of  the  United  Colonies,  Sept.  1646. 

Van  der  Donck,  as  cited  by  O'Callaghan,  Hist.  N.  Netherland,  i.  375,  says  in  allu- 
sion to  this  post,  "  The  English  of  New  Haven  have  a  trading  post  on  the  east  or 
southeast  side  of  Magdalen  Island,  not  moi-e  than  six  (Dutch)  miles  from  the  North 
River;  for  this  island  lies  towards  the  upper  part  of  the  North  River,  twenty-three 
(Dutch)  miles  and  a  half  higher  up  than  Fort  Amsterdam,  on  the  east  bank."  Mag- 
dalen Island  is  on  the  east  side  of  Hudsons  River  a  little  below  Redhook,  upper  land- 
ing, Dutchess  county ,*N.  Y. 


1646]  NEW   HAVEN   COLONY   RECORDS.  267 

Also  that  it  may  be  the  hithermost  of  the  Oyster  River,  &  y* 
I  may  cutt  timber  for  fenceinge  vpon  the  common,  by  reason 
there  is  litle  timber  besides  "svalnut  vpon  that  land. 
[164]  II  This  being  granted,  I  shall  doe  what  I  am  able  for 
the  keepeing  the  townes  sheepe  &  the  good  of  them.  This 
I  desire  may  be  granted  as  speedyly  as  may  bee,  that  I  may 
provide  for  them  against  they  come. 

Nehemiah  Smith. 

The  abovesaid  request  of  Nehemiah  Smith  was  granted  to 
him  according  to  his  propositions  in  the  close  of  his  wrighteing 
if  it  be  accepted. 

It  was  ordred  that  the  surveyour  should  runne  the  lyne  on 
this  side  Mr.  Davenports  farme,  from  the  stone,  east  &  by  south 
120  gr.  parrallell  to  the  other. 

Mr.  Davenport  propownded  that  men  would  sow  one  &  the 
same  grayne  in  their  quarters,  w^li  was  respited. 

Mr.  Gibbard  &  Mr.  Francis  Newman  informed  the  court, 
that  for  Mr.  Gregson's  &  Mr.  Wackmans  quarters  highway  to 
their  meddowe,  W^h  is  in  that  place  called  Mr.  Malbons  med- 
dow,  the  way  vnder  the  rocke  they  apprehend  is  best  &  meet- 
est,  although  not  without  inconveyniency  to  the  subburbs 
quarter,  &  deviding  their  lands,  w^h  was  respited  to  further 
consideration. 


At  a  Court  held  at  Newhaven  the  1  Sept.  1646. 

Bro  :  Edw  :  Wigglesworth  hath  sould  his  howse  &  home 
lott  vnto  Samuell  Wilson. 

Mr.  Francis  Newman  hath  sold  his  howse  &  home  lott,  13 
acr.  vpland  w4iin  two  myle.  &  4  acr.  meddow  vnto  John 
Herryman. 

Bro :  W"'  Fowler  informed  ihe  court  that  his  bro.  John 
Cafiinch  had  taken  vpp  a  horse  of  his  &  did  denny  to  deliuer 
him  vnto  him,  but  said  it  was  his.  W'^i  Fowler  brought  Mr. 
Pell,  bro.  Myles,  Rich''  Marden  <fe  Mr.  Gilbert,  who  informed 
the  court  they  tooke  that  horse  lo  bee  W'"  Fowlers,  vppon  sev- 
erall  grownds. 

Mr*.  Caffinch  affirmed  the  horse  was  his,  and  brought  Mr. 
Newman,  Ric^  Smolt,  John    Guernsie  and  Jn"  Downe   to 


268  NEW  HAVEN  COLONY  RECORDS.  [1646 

informe  the  court  that  the  horse  was  Mr.  Caffinches  vppon  sev- 
erall  grownds,  w^h  much  confidence  ;  at  length  it  was  respited 
vntill  further  light,  none  of  either  sjde  being  cleare  enough 
to  make  oath. 

Richard  Harden  being  fownd  asleepe  at  the  watch-howse 
dore  fyned  5^. 

Hen.  Bishop  haveing  in  court  chardged  Eic^  Pery  with 
takeing  a  false  wrighteing  from  Goody  Ball  &  presented  it  in 
court,  w^h  Eic^  Pery  apprehended  a  slander. 

Richard  Pery  said  that  at  his  first  goeing,  he  writt  the 
wrighteing  mixed  w^h  some  characters,  &  writt  it  as  his  owne 
words,  but  his  father*  desiring  him  to  wright  it  out  playne 
&  considering  that  she  related  the  story  as  Susans,  he  then 
write  it  as  Susans,  &  then  he  went  againe  &  desired 
Goody  Ball  to  set  her  hand  to  it ;  he  pulled  out  the  wrighte- 
ing &  began  to  read,  &  desired  her  to  deale  truly,  for  som- 
thinge  shee  told  him  concerning  her  bro.  Russell,  he  fownd 
was  not  soe.  Goody  Ball  propownded  a  question,  is  such  a 
thing  in ;  what  it  was  he  had  forgott,  but  he  told  her  it  was 
nott.  Saith  Henry  Bishop,  is  it  not  ?  then  I  will  say  the 
wrighteing  is  not  true. 

Goody  Ball  saith  that  that  Wh  was  left  out  of  the  wrighte- 
ing was,  that  Mrs.  Eaton  denyed,  &  he  writ  she  had  not  done 
it. 

Further  Ric*^  Pery  said  he  did  not  present  the  wrighteing 
to  the  court,  but  left  it  at  ho'",  as  he  told  his  wife  he  would, 
&  that  because  he  would  not  lay  himselfe  vnder  a  temptacon, 
&  he  said,  indeed  last  court  he  had  it  in  his  pockett,  but  it 
was  his  erro""  &  mistake. 

The  Go""  said.  Hen :  Bishopp,  the  theing  is  whether  you  made 
a  right  chardge  in  saying  he  presented  a  false  wrighteing  to 
the  court. 

Hen.  Bishop  said  he  should  prove  that  he  said  he  had  a  pap 
in  his  hand  &  said,  here  is  her  testimony.  GoOdy  Ball  testi- 
fied that  when  she  was  speakeing  Mr.  Pery  had  a  pap  in  his 
hand  &  said  here  is  her  testimony,  I  took  from  her  mouth. 

*  i.  e.  Mr.  Malbon. 


1646]  NEW   HAVEN   COLONY   RECORDS.  269 

Mrs.  Brewster  said  when  Goody  Ball  was  about  to  speak, 
Mr.  Pery  said,  (haveiiig  a  pap  in  liis  hand,)  here  is  her  testi- 
mony. Mrs.  Russell  saith  to  the  best  of  her  remembrance, 
when  her  sister  was  speaking,  Mr.  Pery  said,  here  is  her  testi- 
mony, holding  vp  a  pap  in  his  hand.  Mr.  Cheevers  said  there 
were  such  passadges  of  Mr.  Pery  in  court.  John  Nash  said  he 
was  in  the  court  &  neare  Mr.  Pery,  &  I  saw  not  nor  heard 
such  words  of  Mr.  Pery.  But  the  Go^  said  thus  to  Goodm^i 
Bishop  vpon  his  speech,  why  doe  you  say  soe,  seing  there  is 
noe  pap  pi^sented  presented  to  the  court.  And  there  was  noe 
reply  made. 

[165]  II  The  second  part  of  the  chardge  was.  Goody  Ball 
saith  that  Mr.  Pery  writ  that  Mrs.  Eaton  had  not  lyen  wUi 
the  Governour,  when  he  should  have  writ  that  she  denyed  as 
she  said.  Allen  Ball  saith  that  at  Mr.  Pery's  second  coming 
he  said  that  he  had  said  it  to  severall  that  Mrs.  Eaton  denyed 
to  lye  w^h  the  Gov^n"",  but  that  would  nothing  advantadg 
Mrs.  Brewster.  Dorithy  Ball  saith  that  Mr.  Pery  said,  he 
would  not  denny  that  he  said  she  denyed  to  lye,  but  if  any 
said  that  he  said  she  denyed  conjugall  fellow?,  he  must  have 
put  y**  to  prove  it. 

A  wrighteing  taken  by  Mr.  Malbon  from  Allen  Ball  was 
read  in  court. 

Before  they  took  oath  the  Governour  told  them  the  waight 
of  an  oath  &  wished  them  to  be  wary  in  it.  Ypon  some 
speech  of  Mr.  Pery's,  the  elder  &  Mr.  Cheevers  were  sent  to 
Mrs.  Malbon*  &  Mrs.  Malbon,  to  know  if  they  had  anything  to 
except  against  the  witnesses.  They  returned  this  answere. 
Mrs.  Pery  gives  two  reasons  why  her  oath  may  :not  be  tak", 
first  because  she  did  not  deliuer  it  so  in  court,  2*^17  because 
she  hath  heard  she  will  affirme  a  thing  &  deny  it  againe  pres- 
ently. 

The  court  declared  that  they  saw  not  that  in  what  had  binne 
said  w^h  should  hinder  their  testimonys,  although  Mrs,  Mal- 
bon hath  jealouzyes  that  she  will  speak  vntruth,  yet  can  prove 
nothing  to  disable  her  testimony. 

*  A  slip  of  the  recorder's  pen  for  "  Mrs.  Pery,"  as  the  context  shews. 


270  NEW   HAVEN   COLONY  RECORDS.  [1646 

Allen  Ball  testified  vppon  oatli,  that  his  wife  &  Susan  & 
Mr.  Pery,  being  in  the  pynace,  they  were  speakeing  they  ni'"vel- 
led  such  reports  were  in  the  Bay  about  Mrs.  Eaton,  his  wife 
answered  she  thought  they  were  false ;  saith  Susan,  Mrs. 
Eaton  would  not  lye  w^h  her  husband  since  she  was  admon- 
ished, but  caused  her  bedd  to  be  removed  to  another  roome. 
but  Mr.  Pery  writ,  they  lay  apt,  &  left  out,  she  refused,  as  his 
wife  had  said.     And  this  he  acknowledged  afterward. 

Dorithy  Ball  testified  vpon  oath,  that  Susan  said  that  Mrs. 
Eaton  would  not  lye  with  the  governour  since  she  was  admon- 
ished, but  caused  her  bedd  to  be  removed  into  another  roome  ; 
so  she  told  Mr.  Pery,  &  he  write  they  lay  apart  &  left  out  she 
denyed,  &  acknowledged  when  she  came  afterward  that  he 
had  left  out  refuse,  &  writ  lay  apart. 

The  centence  of  the  court  was  that  the  cause  must  goe 
against  Mr.  Pery,  &  he  must  pay  the  chardge  of  the  court  & 
the  damadge  of  Hen :  Bishop's  attendance  &  his  witnesses, 
w'^li  the  court  conceives  from  Henry  Bishopps  owne  words  to 
be  10^  Allen  Ball  saith  that  the  first  time  Mr.  Pery  was  not 
chardged  w^h  the  thing  in  refference  to  Susan,  but  to  him- 
selfe,  but  the  second  time  hee  writt  it  in  refference  to  hiniselfe. 


At  a  Court  held  at  Newhaven  the  6'^  of  October,  1646. 

Mr.  W'"  Tutle  &  Jeremy  Watts  complayned  off  for  sleeping 
at  the  watch-howse.  Mr.  Tuttle  said  he  was  overcome,  & 
Jeremy  being  centinell,  sat  downe  onn  the  threshold  &  slept, 
but  confesseth  his  fault  &  hopes  it  shalbe  the  last.  Mr.  Tutle 
was  fined  2^  6^  &  Jeremy  Watts  was  fined  5%  ye  court  desir- 
ing it  may  be  a  warning  to  them  both. 

Eichard  Marden  wanting  all  amies  save  a  sword,  was  fined 
5%  he  neglecting  to  vse  due  care  to  bee  provided. 

Samuell  Marsh  was  complayned  of  for  absence  two  trayning 
dayes,  but  he  being  seeking  cowes,  it  being  in  the  spring,  y» 
catle  lieing  lyable  to  be  swampt,  it  was  satisfy eingly  passed  by. 

Allen  Ball  complayned  of  for  a  defective  tricker,  but  it 
haveing  passed  so  for  three  years  together,  &  he  promjseing 
to  mend  it,  was  passed  by.    Also  he  was  late  on  trayning  day 


1646]  NEW  HAVEN  COLONY  EECOEDS.  271 

ill  the  afternoone,  he  being  w^h  his  sister  Fiigill  vpon  her 
de2:>ture  it  was  passed  by. 

Hen.  Gibbons,  late  in  the  afternoone  one  trayning  day,  his 
answere  was  his  head  aked,  &  lie  went  into  the  meeting  howse, 
but  suddenly  came  &  treyned  that  afternoone.  It  was  passed 
by,  first  because  he  was  not  well,  2  because  Goodm"  Banister 
&  Corpi^  Leavermore  were  intreated  by  him  to  wak  h'". 

Corp'i  Leavermore  being  late  one  trayning  day  in  the  after- 
noone was  fyiied  1^     Also  totaly  absent  on  a  squadron  day, 
W'h  was  respited. 
[166]     II   Caleb  Seaman  wanteing  armes  was  fined  10^ 

John  Sackett  &  Henry  Morrell  for  wanting  rests  were  fined 
6''  apeice. 

John  Speede  wanteing  worm  &  scourer,  fined  l^. 

Henry  Gibbons  two  squadron  trayning  dayes  absent,  once 
fier  in  the  lotts  hindred  him,  for  the  fier  had  caught  hold  oiin 
the  fence;  the  last  day  he  was  at  Mr.  Goodyears  farme,  for 
well  he  was  fined  5^ 

Samuell  Marsh  absent  one  squadron  trayning  day,  fined 
2«  6'i. 

Ralph  Loynes  came  late  to  trayning  in  Aprill,  was  fined  1« ; 
for  the  want  of  a  rest  he  was  fined  (j'K 

Samuell  Cabell,  Adam  Nichols,  being  warned  to  the  court 
&  not  coming  themselus  nor  gave  notice  of  their  submission, 
ordred  to  be  warned  against  the  next  court,  &  then  to  answere 
for  their  contempts. 

Edmund  Tooly  was  absent  3  trayning  dayes,  of  w^h  2  of  y'" 
he  was  not  well  &  fined  5^  for  not  comming  the  third. 

Yincent  Meggs,  absent  the  14^^  of  June,  was  fined  2^  B*^, 
but  if  he  bring  proofe  that  he  trayned  twice  in  one  fortnight, 
the  fine  is  to  be  remitted. 

W"!  Blayden  complayned  of  for  nonpaym*  of  his  fines,  he 
intreating  forbearance  one  month  longer,  it  was  given  him. 

Thomas  Blatchley  haveing  formerly  given  the  court  some 
offence,  &  neglecting  the  imadge  of  God  in  magistrats,  &  goe- 
ing  away  soe  irreverently  and  sayeing  he  would  have  justice 
in  another  place  if  he  had  it  not  here,  w^li  now  lyeing  on  his 


272  NEW  HAVEN  COLONY  RECORDS.  [1646 

conscience,  desirs  to  cleare  liimselfe,  -wherewtli  the  court  was 
satisfied. 

Samuell  Marsh  was  warned  by  Mr.  Crayne,  who  had  an 
estat  in  his  hand,  &  finding  him  defective  in  ordring  it  for 
either  of  their  comforts  desired  a  hearing  of  the  court ;  at 
length  when  much  debate  had  bin,  both  did  agree  to  put  it 
vnto  arbitration.  Samuell  Marsh  declaring  himselfe  willing 
to  leave  the  farme,  Mr.  Crayne  accepted  it,  &  Mr.  Crayne 
chose  Anthony  Thompson,  &  Samuell  Marsh  chose  Goodman 
Myles,  w^h  liberty  that  if  they  did  not  agree,  they  should 
chuse  an  vmpire. 

Samuell  Daighton,  absent  one  squadron  day  &  one  Lords 
day,  fined  3^  Q<^,  if  he  cannot  give  satisfyeing  auswere. 

Samuell  Cabells  lock  of  his  peice  being  defective,  was 
fined  Is. 

Georg  Banks,  for  wanteing  a  worme  &  scourer,  1%  absent  3 
squadron  traynings  fined  7^  Q^  &  absent  one  Lords  day  fyned 
2%  10^  6d  in  all. 

Goodm"  Johnson  haveing  a  lott  that  was  his  brothers 
desired  to  cleare  to  the  court  his  proofe  for  what  he  possesseth. 

John  Punderson  said  he  had  almost  forgott,  but  Samuell 
Whithead  &  he  heard  Thomas  Fugill  expresse  as  ¥  the  noate 
vnder  his  hand  appeareth,  viz"^. 

When  Jno  Johnson  was  p^'paring  to  goe  to  the  Bay,  he  told 
mee  he  had  sould  his  howse  &  accomodations  belonging  to 
it,  vnto  his  brother  (viz*^)  Robert  Johnson  for  the  40^  he  said 
I  knew  he  received  in  Old  England,  vpon  condicon,  that  if  he 
should  see  it  his  way  to  come  back  &  live  here,  then  he  might 
have  it,  paying  to  his  brother  the  said  40',  &  what  chardges  he 
should  lay  out  about  it,  or  if  hs  brother  should  sell  it  to  come 
&  live  in  the  Bay,  40^  of  the  price  he  should  keepe  to  himselfe 
&  pay  the  overplus  to  him,  only  deducting  his  chardges.  But 
if  the  said  John  should  not  returne,  &  the  said  Robert  his 
brother  should  resolve  to  setle  here,  then  the  said  Robert 
Johnson  should  have  it  forever,  for  the  said  40^ ;  this  is  the 
substance  of  the  agreement  as  the  said  John  related  it  to  mee, 
witnesse  my  hand. 

Tho:  Fugill. 

Bro.  Tharpe  said  his  m"^  said  to  h™  his  bro :  was  to  have  his 
howse  &  lott,  but  if  he  returned  he  was  to  have  it  againe,  re- 


1646]  NEW  HAVEN   COLONY  RECORDS.  2t3 

turning  to  his  bro.  what  he  had  of  hi™.  By  all  w^h,  finding 
as  yet  the  proofe  defective,  the  court  determine  nothing  in  the 
case,  wanting  further  light. 

Tho'"  Fugill  hath  sold  6  acr^  of  land  in  the  Necke  vnto  Rob- 
ert Johnson,  he  paying  30^  to  Geo :  Downing  &  the  rest  in 
cartadge,  as  Allen  Ball  witnessed  and  a  noat  vnder  Tho"^ 
Fugils  hand  p^sented  in  court  by  Robert  Johnson  appeared. 


[167]     At  a  GenI  Court  held  the  7*^  op  October,  1646. 

The  Governo'"  acquaynted  the  court  that  sundry  miscar- 
iadges  by  drinke  hath  bin  of  late,  by  whom  he  cannot  come 
to  the  true  knowledge  off  &  where  it  hath  bin  hadd. 

Bro.  Andrewes  propownded  that  he  might  lay  downe  the 
ordynary. 

It  was  ordred  to  prevent  that  excesse  of  drinkeing,  that  God 
may  not  be  dishonored  nor  religion  reproached,  that  wine  & 
strong  watters,  that  wyne  Sf  strong  waters  bee  drawne  only  at 
the  ordynary. 

The  neglect  of  finishing  the  pewes  was  remembred,  &  them 
that  should  doe  them  &  the  chest  for  the  pyks  were  desired 
forthwith  to  dispatch  them,  that  the  seating  of  people  may  goe 
forward. 

It  was  propownded  that  lielpe  might  be  affoarded  to  launch 
the  shipp,  for  Goodman  Paule  informed  the  Governo"^  that  the 
keele  would  rott  if  it  were  not  launched  before  winter.  Bro. 
Leeke  had  liberty  to  draw  wine  for  them  that  work  at  the 
shipp. 

It  was  propownded  that  the  marke  of  swine  be  brought  into 
the  pownder. 

It  was  propownded  that  W'"  Meaker  might  be  loader  to  mill, 
&  it  was  ordred  that  for  a  12  month  he  bind  himselfe  to  goe 
in  all  seasons  except  vnseasonable  weather,  &  further  it  was 
ordred  that  if  any  cary  their  owne  corne,  yet  that  they  carry 
not  for  others. 

And  that  before  any  give  over  that  are  chosen  to  any  service 
of  the  towne,  as  to  view  measures  &  weights,  and  sealing 
35 


V 


274  NEW  HAVEN   COLONY  RECOEDS.  [1646 

leather,  others  are  to  be  chosen,  but  vntil  then  they  that  are 
in  those  imployments  are  to  continew. 

Bro.  Richard  Mansfeild  had  libertye  to  dept  the  court. 

Goodman  Bassett,  Henry  &  Joseph  Peck  desired  to  cutt 
woods  on  the  common,  wch  was  granted,  provided  it  be  accord- 
ing to  the  approbation  of  the  viewers. 

Those  that  desire  land  to  be  layd  out  to  them  amongst  the 
small  lotts  were  desired  to  bring  in  their  names  to  the  secre- 
tary. 

Edw.  Hitchcocke  propownded  to  the  court  for  a  dispensa- 
tion of  bringing  his  armes  on  the  Lords  dayes,  bee  he  bringing 
his  children  was  therby  disabled  of  comming  so  soone  as  he 
ought  if  at  all  with  them.     But  it  was  respited. 

It  was  propownded  to  the  court  whether  it  were  their  mynds 
that  men  should  come  to  traynings  or  watchings  without 
powder  and  shott.  It  was  therevpon  ordred  that  every  time 
men  come  to  either,  they  bring  4  chardges  at  least  of  powd""  & 
shott. 

Bro.  Whitnell  &  bro.  Russell  promised  to  help  about  the 
seats  in  Tho"^  Morris  h^  roome. 


At  a  GenI  Court  held  at  Newhaven  the  26th  Qctg.  1646. 

Tho"i  Wheeler  had  leave  to  dept  the  court  because  of  some 
ingadgem^s  against  y^  4*^  day  next. 

Mr.  Francis  Newman,  Mr.  Gibbard,  Mr.  Crayne  &  Goodm" 
Gibbs  were  chosen  deputjes  for  Newhaven  monthly  courts  this 
yeare  ensewinge. 

Mr.  Jno  Wackman,  Mr.  Ezekiell  Cheevs  wer  chos"  deputyes 
for  the  jurisdicon  generall  court. 

Mr.  Joshua  Atwater  was  chosen  treasurer  for  Newhaven  the 
yeare  enseweing. 

Richard  Pery  Avas  chosen  secretary  for  Newhaven  the  yeare 
enseweing. 

Tho™  Kimberly  was  chosen  mi'shall  for  the  yeare  enseweing. 

The  pticuler  court  of  Newhaven,  w^h  Mr.  Evance  &  Mr. 
Wackman  were  chosen  auditours  for  the  treasurers  accompts. 


1646]  NEW   HAVEN   COLONY  RECORDS.  275 

Bro.  Davis  &  bro.  Fowler  were  chosen  surveyo's  of  the 
high-way es  on  that  side  the  towne. 

Bro.  Cooper  &  bro.  Mansfeild  chosen  surveys  for  the  other 
side  of  the  towne. 

Bro.  Andrewes  &  bro.  Abrah'"  Bell  were  chosen  viewers, 
that  noe  spoyle  of  wood  bee  made  in  the  commons,  also  that 
they  look  to  the  taunt's,  thai  wast  be  not  made  of  timber  by 
barkeing  it  which  may  prejudice  the  towne. 

Bro.  Davis  &  bro  Phillip  Leek  chosen  views  of  measurs, 
as  bushels,  &c. 

Bro.  Francis  Newman  &  Mr.  Gibbard  chose  to  look  to  the 
waights  &  licquid  measures  and  yards  and  ells. 

Leiut  Robert  Seely  had  liberty  of  the  court  to  goe  for  Eng- 
land although  a  publick  officer. 


[168]     At  a  Court  of  Elexion  held  at  Newhaven  for  the 
Jurisdiction  the  27*^  op  October,  1646. 

The  worp^  Theophilus  Eaton  Esqr.  chosen  Governor'  for  the 
yeare  ensewinge. 

Mr.  Stephen  Goodyeare  chosen  Deputy  Governo""  for  the 
yeare  enseweinge. 

Mr.  Gregson  &  Mr.  Malbon  chosen  magistrats  for  Newhaven 
ye  yeare  enseweinge. 

Mr.  Fowler  &  Capt.  Astwood  chosen  magistrats  for  Milford 
the  yeare  enseweinge. 

Mr.  Samuell  Desbrow  chosen  magistrat  for  Guilford  for  the 
yeare  enseweinge. 

Mr.  Andrew  Warde  chosen  magistrate  for  Stamford  for  the 
yeare  enseweinge. 

The  worpi  Theophilus  Eaton  Esq.  &  Mr.  Stephen  Goodyeare 
chosen  commissioners  for  this  yeare  enseweinge. 

Mr.  Atwater  chosen  treasurer  for  this  yeare  enseweinge. 

Mr.  Leete  of  Guilford  chosen  secretary  for  the  jurisdicon 
for  ye  yeare  enseweinge.* 

*  Whether  Fugill  was  deposed  from  his  office  of  Secretary  of  the  Jurisdiction,  as 
well  as  from  that  of  the  Plantation  of  New  Haven,  we  are  not  infonned.    It  may  be 


276  NEW  HAVEN  COLONY  RECORDS.  [1646 

Tho"*  Kimberly  chosen  m'' shall  for  the  jurisdiction  for  the 
yeare  enseweinge. 


At  a  perticuler  Court  held  the  3^  of  Novem:  1646. 

Leiut.  Robert  Seely  hath  sold  his  howse  &  howse  lott  in 
towue  vnto  Jn°  Basset  wt^h  2  acres  of  vpland  out  of  his  first 
devizion ;  ^ych  2  acr.  is  8  rodd  in  breadth  &  in  length  runneth 
crosse  from  the  high-way  betweene  the  suburbs  quarter  &  Mr. 
Lambertons  quarter,  to  Mr.  Mansfeilds  lott  that  was,  &  be- 
tweene W'n  lues  and         ^ 

Caleb  Seaman  desired  his  fine  might  be  remitted  for  defect 
of  armes,  he  going  shortly  for  England,  &  vpon  his  request  it 
was  remitted,  pvided  he  goe  for  England. 

Edw:  Chipfeild  promised  to  pay  3^  or  4^  the  next  week  in  pt 
of  about  51  he  was  ordred  to  pay  to  the  towne  for  W'"  Hardy, 
&  promised  paym*^  for  the  rest  in  the  spring,  w^h  the  court  ac- 
cepted. Also  a  fine  for  absence  one  trayninge  he  was  excused 
from  payment  of,  he  being  a  burning  bricks,  W^h  if  that  time 
had  not  bin  improved,  it  would  have  inforced  him  to  have 
attended  it  on  the  Saboth  foUoweing. 


At  a  Court  held  at  Newhaven  the  1  Jan.  1646. 
Bro.  John  Leavermore,  brother  Adam  Nicholes,  bro  W'" 
Fowler  and  Mr.  Tho™  Pell,  being  warned  to  the  court  &  ap- 
pearing not  themselues  nor  by  deputys,  were  layd  vnder  con- 
tempt of  the  court. 


At  a  Gen^i  Court  held  the  4.  Jan.  1646. 

The  Governour  pi-opownded  that  considring  rates  had  bin 
made  &  levied  on  each  plantation  in  this  jurisdiction  &  sallerys 

presumed  that  at  this  time  lie  had  left  the  town,  from  the  excuse  made  by  Allen  Ball 
for  late  coming  on  a  training  day,  page  271. 

It  is  probable,  however,  that  Richard  Pery  was  appointed  to  succeed  in  that  office 
also  until  the  next  Election  Court,  for  his  signatui-e  as  '  Secretarie'  is  affixed  to  the 
certificate  of  the  choice  of  Commissioners  for  the  United  Colonies  at  this  time,  the 
original  of  which  is  preserved  among  the  archives  of  Massachusetts. 


1646]  NEW   HAVEN   COLONY  EECORDS.  277 

being  yet  vnpaid,  besides  severall  debts,  it  was  desired  that 
April  rates  might  be  now  forthwitli  paid,  &  it  was  ordred  that 
they  be  forthwith  paid  into  the  treasurer. 

It  was  appoynted  that  bro.  Anthony  Thompson  &  bro.  Cam- 
feild,  &  the  2  deacons  doe  speake  with  brother  Lampson  &  see 
what  his  estate  is,  <fe  to  consider  what  proportion  he  is  able  to 
beare  of  the  charge  of  maynteyninge  his  wife. 

Bro:  Robert  Hill  rec^  the  chardge  of  a  freeman. 

It  was  ordred  that  the  perticnler  court  w'h  the  2  deacons, 
takeing  in  the  advice  of  the  ruling  elder,  should  place  people 
in  the  seats  in  the  meeting-howse,  and  it  was  alsoe  ordred  that 
the  governo'"  be  spared  herein. 

It  was  now  ordred  that  the  former  orders  made  for  swyne 
&  fences  remayne  of  force,  &  that  if  swine  be  vnyoaked  & 
vnrunge  &  goe  into  any  feild,  the  fence  lyeinge  downe,  that 
the  damadge  should  be  borne  at  halves,  &  that  the  fine  of  6<^ 
a  head  be  still  payed  to  him  that  finds  the  swyne  &  brings  them 
to  the  pownd. 

It  was  ordred  that  the  viewers  of  the  fences  finding  fences 
defective  &  warninge  those  that  owne  them  to  mend  them,  if 
they  doe  it  not  &  their  names  be  not  returned  to  the  court, 
the  viewers  shall  pay  their  fynes. 

It  was  ordred  that  bro  Peirce,  bro.  Coop  &  Jarvis  Boykin  & 
Mr.  Caffinch  shall  look  to  the  layeing  out  of  the  fence  in  their 
quarters  to  the  absent  lotts,  according  to  their  proportions. 

The  contribution  for  the  colledge  was  renewed  &  bro.  John 
Nash  &  bro.  Phillip  Leek  chosen  collectors  for  the  same. 

Bro.  Andrewes  had  for  his  incouradgement  liberty  granted 
him  to  put  strangers  horses  in  the  Neck. 

It  was  ordred  that  they  that  already  have  or  desire  land 
among  the  small  lotts  bring  in  their  names  &  quantitjes  w^hin 
a  month  to  y^  secretary,  or  els  they  are  to  loose  their  lands. 


278  NEW  HAVEN  COLONY  RECORDS.  [1646 

[169]     At  a  Court  held  at  Newhaven  the  5*^  of  Janu- 
ary, 1646. 

Mr.  Edward  Tench  his  will*  was  presented  to  the  court  by 
Elder  Newman  &  Mr.  Gilbert,  &  it  was  ordered  that  the  estate 
bee  improved  for  the  good  of  the  child. 

Bro :  John  Leavermore  confessed  that  he  was  warned  to  the 
court,  2  courts  since,  but  some  fence  being  downe  he  went  to 
set  it  vpp  &  thought  to  have  bin  time  enough,  but  comming 
about  Mr.  Grigsons  howse  he  saw  the  court  was  broken  vpp. 
Bro.  Adam  Nichols  said  he  forgott  it  vntill  it  was  too  late. 
Both  for  their  contempts  were  fyned  10^  apeice. 

Bro.  Adam  Nichols  was  fined  for  want  of  worme  &  scourer 
Is. 

Mr.  Caffinch  alleadged  that  he  had  bin  brought  into  court 
about  a  horse  formerly  owned  by  his  bro.  W^"  Fowler,  but  now 
bro.  Fowler  hath  fownd  his  owne  &  seeth  he  was  mistaken, 
but  as  he  suffred  therby  in  the  court,  so  now  he  sought  right. 

Bro.  W"^  Fowler  answered  that  he  did  not  intend  his  bro. 

*  Mr.  Edward  Tench's  -will,  Planter  in  Quinypiock  and  his  dear  wife  Sarah  Tench 
lying  in  the  house  with  him  dangerously  sick  and  much  wasted  by  a  consumption — 
confirms  certain  small  legacies,  part  given  by  his  wife  and  part  added  by  himself  and 
all  contained  in  a  schedule  annexed — He  gives  to  his  wife  one  half  of  the  remainder  of 
his  whole  estate,  whether  here  or  in  Old  England,  and  the  other  half  to  his  only  son 
Nathaniel  Tench,  now  about  five  years  of  age — If  his  wife  dies  before  himself,  his  son 
to  have  his  whole  estate,  and  makes  his  said  son  Nathaniel  executor — If  his  wife  should 
die  before  himself  he  entrusts  his  son  both  for  his  education  and  the  ordering  and  im- 
proving his  estate  till  be  becomes  21  years  of  age,  to  the  wisdom  and  care  of  the  church 
of  Christ  gathei-ed  and  settled  at  Quinnypiocke,  whereunto  Mr.  Davenport  is  pastor, 
upon  whose  love  and  faithfulness  in  accepting  and  managing  this  his  desire  he  quietly 
rests  with  assurance  and  satisfaction  to  his  spirit. — If  his  wife  die,  and  her  sister  come 
over  into  these  parts  and  should  desire  to  take  his  son  back  to  Old  England,  his  ex- 
press will  is  that  his  son  return  not,  but  continue  with,  and  be  brought  up  by  the 
forenamed  church  of  Christ — If  his  son  die  before  he  is  21  years  of  age,  he  gives  one 
half  of  his  estate  to  the  treasury  of  the  forenamed  church,  and  the  other  half  to  his 
brother  Francis  Tench  and  to  his  children.  Witnesses,  Henry  Brunwin,  Willm. 
Jeanes,  Tho.  Fugill,  13th  February,  1639. — Inventory  taken  by  Thorn.  Gregson,  Rob- 
ert Newman  and  Mathew  Gilbert  the  19th  Feb.  1639,  amount  £409,  3,  6. 

Debts  oweing  to  Mr.  Tench  when  he  dyed,  The  ma^'ds  tyme  £&,  2,  the  mans  time 
£10.    Mr.  Alcok  owed  £5.    Thorn.  Marsiifeilds  Connt.  £9. 

Debts  owing  by  Mr.  Tench  when  he  dyed  as  followeth,  To  Goodie  Pigg's  wages  £2? 
to  the  bricklayer  £1,  4,  9,  to  Mr.  PeU  £0, 16,  to  Mr.  Higginson  £0, 19,  6,  to  Goodman 
Whitnell  £0,  14,  to  Mr.  Watters  £1,  4,  6,  to  Mr.  Grigson  £3, 12,  to  a  Conecticott  man 
£4, 17,  6,  to  Mr.  Laugham  of  London  £4,  to  Jolm  Brocket  for  mesuring  land  £0,  6,  9, 
to  Mr.  Delingham,  London,  £27. 


1646]  NEW   HAVEN   COLONY  EECORDS.  279 

Caflfiach  aiiy  wronge,  but  he  refuseing  to  end  it  privatly  caused 
him  to  doe  it,  but  now  acknowledged  he  had  done  his  bro. 
Caffinch  wronge.  The  Governo''  demanded  of  Mr.  Caffinch 
whether  he  looked  for  any  more  the  reperation  in  his  name, 
Mr.  Caffinch  said  10^  damadge  for  witnesses,  w^h  the  court 
ordred  bro.  W»»  Fowler  to  pay  &  his  damadge  10«  more,  20^ 
in  all. 

Mr.  Pell  was  warned  to  answere  Mr.  Caffinch  for  defaming 
him  in  sayeing  he  had  gott  his  brothers  horse,  &  said  he  would 
lay  5s  of  it.  Roger  Allen  said  he  rememb^s  Mr.  Pell  going  by 
asked  whether  Mr.  Caffinch  was  showeing  his  bro.  Fowlers 
horse,  but  Mr.  Caffinch  ]iot  being  able  to  prove  his  chardge 
because  of  want  of  proofs,  hee  was  nonsuited. 

It  was  ordred,  w'h  the  consent  of  Edward  Parker  &  his 
wife,  that  Jn^  Potter  should  be  put  an  apprentice  for  8  years 
from  the  first  of  August  past,  vnto  Roger  Allen,  for  to  learne, 
him  his  trade  &  to  give  sutable  apparell  &  5^  at  the  end  of 
his  time. 

Luk  Atkinson  was  chardged  w^h  defameing  Mr.  John  Dav- 
enport, viz''. 

First  to  Ric^  Osborne  Luk  Atkinson  questioned  whether 
this  church  is  rightly  constituted,  and  this  ariseth  from  some 
pticulers  falling  out,  not  in  respect  of  the  members  of  it,  for 
he  judged  them  faithfuU,  but  somthing  in  respect  of  h^selfe 
and  others,  as  one  thinge  Mr.  Davenport  should  speak  &  Mr. 
Davenport  denyed  it,  although  Luk  Atkinson  affii'med  it  &  two 
more  with  him.  • 

2'iiy  to  Richard  Osborne  he  said  that  if  things  were  carry ed 
soe  as  he  conceived  them  to  bee,  &  as  takeing  vp  things  of 
others  that  he  had  spoken  with,  he  conceives  in  all  probabjlity 
this  church  cannot  stand  long  without  some  breach. 

S^^y,  to  John  Speede  he  said  that  Mr.  Davenport  had  said 
that  w<^h  afterward  he  denyed,  w^h  tAvo  more  with  himselfe 
could  witnesse. 

To  Richard  Osborne  he  said,  Mr.  Davenports  name  had  bin 
very  pretious,  but  now  it  was  darkned.  That  when  Mr.  Dav- 
enport spoke  of  the  high-preist,  out  of  the  2V^  Levit.  on  the 
Lords  day,  Mr.  Davenport  spake  against  himselfe.     Richard 


280  NEW  HAVEl^  COLONY  RECORDS.  [1646 

Osborne  demanded  wherein,  Luke  Atkinson  answered  that  as 
he  is  a  }:iastour  of  a  o/  a  church,  he  ought  not  to  lay  any 
vnder  vnjust  scandle  as  Mr.  Davenport  had  done  him,  layeing 
his  name  vnder  blame  vnjustly. 

To  Richard  Osborne  he  further  said,  that  Mr.  Davenport 
said  he  had  noe  pt  in  the  trade  at  Delaware  &  therevpon 
could  make  noe  promise,  &  yet  after,  Mr.  Davenport  said  that 
he  had  part  in  the  trade.  All  these  perticulers  as  concerne 
Mr.  Davenport,  Luk  Atkinson  related  vnto  John  Speede. 
Also  all  the  above  written  Luck  Atkinson  acknowledged  him- 
selfe  to  have  spoken  vnto  Richard  Osborne  and  to  John 
Speede,  &  now  againe  repeated  them  vnto  Anthony  Thomp- 
son, John  Clark,  Richard  Osborne  &  John  Speede. 

Before  these  psons  spoke  vnto  Luke,  they  advized  him  to  be 
very  wary  what  he  expressed,  for  he  must  look  to  be  called  to 
answere  it.  He  answered  hee  expected  it.  Li  conclussion  in 
reading  all  the  pticulers  manny  tymes  over  &  wishing  John 
Speede  to  take  a  copie  of  them,  we  asked  him  whether  he 
owned  all  or  would  wave  any,  he  owned  them  &  thought  he 
should  answere  them. 

Mihill  Palmer  saith  Luke  Atkinson  chardged  Mr.  Daven- 
port w'^h  vntruth. 

[170]  II  Luke  Atkinson  acknowledged  what  he  stood  chardged 
with  was  true,  he  had  sinned  &  had  slandered  Mr.  Davenport. 
This  being  done  against  much  light  and  often  convinced  of 
his  folly  &  had  made  acknowledgments  of  it,  for  his  slander- 
ing the  church  and  Mr.  Davenpirt,  he  was  fyned  40^  vnto 
Mr.  Davenport. 

Mrs.  Turner  &  John  Meggs  haveing  a  difference  betweene 
them,  did  in  court  agree  to  put  it  vnto  arbitration,  &  Jn" 
Meggs  chose  Mr.  Goodyeare,  &  Mrs.  Turner  Mr.  Malbon. 
Mr.  Pell  pi.  )      For  50^  he  should  pay  Mr.  Atwater  F 

Mr.  Caffinch  def.  \  order  of  his  bro.  Samuel  Caffinch,  the 
well  bill  was  turned  over  vnto  Mrs.  Luce  Brewster.  Mr.  Caf- 
finch not  tendring  sutable  pay,  he  was  warned  to  court.  But 
in  fine,  both  were  intreated  by  the  court  to  put  it  vnto  arbitra- 
tion, &  Mr.  Pell  chose  Anthony  Thompson,  &  Mr.   Caffinch 


1646]  NEW   HAVEN   COLONY  EECORDS.  281 

ohose  Mr.  Tiitle,  who  wer  added  vnto  Mr.  Fi-ancis  Newman 
&  Mr.  Crayne  to  issue  it. 

The  court  see  cause  to  judge  the  debt  dew  from  Mr.  Caf- 
finch,  but  leave  the  prise  of  coriie  unto  the  arbitrates,  as 
also  the  prise  of  cattle,  thinking  it  meet  they  be  not  vallued 
to  the  worth  of  them  at  present,  but  somwhat  vnder.  And 
Mr.  Caffinch  is  to  present  that  wherby  it  may  bee  issued  w^hin 
this  weeke. 

Richard  Marden  requested  the  court  to  remit  his  fine,  of  5% 
he  haveing  vsed  his  indeuo''  to  gett  amies,  &  haveing  ill  som- 
time  since  he  has  bin  free,  halfe  his  fine  was  abated. 

It  was  ordred  that  if  bro.  Wigglesworth  call  for  an  execu- 
tion against  Mr.  Mullyner  because  he  attends  not  the  courts 
order. 

Goodman  Walker  released  from  a  squadron  fine,  because 
his  wife  being  ill  &  in  very  great  payne,  she  was  forced  to 
send  him  seeke  for  Mr.  Pell.  . 

John  Evance  informed  the  court  that  he  had  comitted  the 
chardge  of  a  shallopp,  on  a  voiadge  to  Guilford  &  Seabrooke, 
&  backe  againe  to  Newhaven,  to  Jn'^  Charles  as  m""  of  her,  two 
others  not  fit  for  such  a  trust  being  vnder  him  in  the  vessell, 
&  at  his  comand  &  appoyntm*.  That  through  the  grosse,  if 
not  wilfull,  negligence  &  default  of  h^^  the  said  Jn"  Charles, 
the  said  vessell  was  cast  away  or  broken,  &  a  quantitje  of 
pease  belonging  to  h'"selfe,  w'h  certayne  pipes  of  Madera 
wyne  belonging  to  h'"selfe  &  others  were  lost,  all  w^h,  wUi  tlie 
shallopp,  a  boate,  &c.  &  other  chardges  occassioned  therby,  he 
vallued  at  100',  &  desired  he  might  be  repayred  according  to 
right  and  justice.  He  further  acquaynted  the  court  that  at 
the  first  hearing  of  the  said  losse,  he  app'"hended  it  as  an 
afflicting  providence  of  God  immediatlye  sent  for  his  exersise, 
but  being  since  fully  informed  of  the  forementioned  negli- 
gence, he  questioned  Jn"  Charls  about  it,  &  by  their  mutuall 
consent  y^  matter  was  refferred  vnto  4  arbitrators  indifferently 
chosen  by  y™  the  said  pties,  being  men  y'  have  long  bred  the 
sea  &  are  well  experienced  in  such  cases.  That  they  bownd 
themselves  by  assumpsit  in  100^  to  stand  to  ye  award  they 
should  make  in  ye  case,  &  if  they  agreed  not,  then  to  the 
36 


282  NEW   HAVEN   COLONY  RECORDS.  [1646 

award  of  any  other  man  whom  y^   said  arbitrators   should 
choose  as  vmpire  therin. 

The  said  arbitrators  not  agreeing,  Robert  Martin,  marryner, 
was  by  their  joynt  consent  chosen  vmpire,  &  vppon  a  full 
hearing  of  the  parties  w*h  their  allegations  &  proofes,  had  in 
wrighting  vnder  his  hand,  given  h^  judgment  &  award  that 
the  shallopp,  boate  &  goods  were  lost  by  negligence  &  ought 
to  be  made  good  to  the  owners,  but  the  s^  Jn"  Charles  refusse- 
ing  to  stand  to  the  award,  he  the  said  playntiffe  was  con- 
streyned  to  crave  y"^  help  &  justice  of  this  court. 

Herevpon  a  wrighteing  made  by  the  said  4  arbitrators, 
wherein  they  choose  Robert  Martin  vmpier,  &  another  writting 
made  by  y^  sd  Robt.  Martin,  as  his  awarde  &  vmpieradge  in 
the  cause,  were  read  in  court,  the  contents  being  as  followeth. 

These  are  to  certific  those  whom  it  may  any  wayes  concerne, 
that  we  whose  names  are  vnder  written,  being  chosen  arbitra- 
tors betweene  Mr.  Jn°  Evance  on  the  one  side  <fe  Jn°  Charles 
on  the  other,  to  end  a  difference  betweene  the  foresaid  parties, 
&  not  able  to  end  the  same  by  reason  of  some  difference  in 
our  app'hcnsions,  did  thinke  it  meete  to  make  chojse  of  Robt^^ 
Martin  to  be  vmpiere  in  the  case,  to  end  tliat  wh  we  for  want 
of  light  could  not  agree  to  end,  and  what  end  the  foresaid 
Robt.  Martin  shall  make  in  the  aforsaid  case,  wee  assent 
therevnto,  as  vmpiere  chosen  by  our  mutuall  consent,  to  w^h 
agreem'^  the  afforesaid  Mr.  Jn"  Evance  &  Jn"  Charls  did  bind 
themselues  in  an  assumpsit  of  100'  sterling  to  stand  to  the 
agrem*  of  the  foresaid  arbitrators  or  the  afforesaid  vmpiere 
chosen  by  vs.  In  witnesse  whereof  wee  have  h''vnto  set  our 
hands  the  24th  of  November  1646. 

Daniell  Paule  Tobias  Dimocke 

George  Frost  Daniel  How. 

As  concerning  the  looseing  of  their  boate  Jn^  Charles  saith 
their  boate  roape  was  rotten,  Ralph  Loynes  speaks  to  Jn'' 
Charles  to  make  fast  another  roape  vpon  the  boate.  It  was 
not  don,  the  boate  was  lost  through  neglect.  As  concerning 
their  lyeing  ashore  w'hout  an  anchour  lyeing  off,  to  liaule  off 
by  when  they  saw  occassion,  was  a  neglect.  As  concerning 
their  lyeing  ashore  when  they  had  all  their  goods  aboard, 
haveing  3  tyds  before  the  storme  began  to  haule  off,  was  a 
great  neglect.  As  concerning  the  leaveing  the  boate  when 
they  had  bawled  off,  was  very  unsafe,  soe  that  I  cannot  vnder- 
stand  nor  see,  but  both  boate  &  goods  were  lost  through  neg- 


1646]  NEW   HAVEN   COLONY  RECOEDS.  283 

lect  of  what  might  have  bin  done,  &  they  must  stand  to  their 
courtoysie  that  oweth  both  boate  and  goods. 

Robert  Martin. 

John  Charls  being  demaunded  whj  he  did  not  submitt  (ac- 
cording to  hs  ingadgem*)  to  the  awarde  &  vmpieradge  of  the 
said  Robert  Martin,  affirmed  he  had  noe  chardge  of  the  said 
vessell,  nor  was  any  of  the  companny  ;  that  he  went  vollunta- 
ryly  in  her  to  Gnilford,  haveing  some  occassions  of  his  owne 
there ;  that  the  shallop  was  lost  for  want  of  due  provizions, 
haveing  but  one  anchour  and  cable,  &  y«  boate  (by  y^  failing 
[171]  of  ye  boate  roape)  was  lost  ||  before,  so  that  in 
the  storme  they  could  not  carry  out  their  anchour  so  farr  as 
was  meete,  &  till  the  cable  broake,  the  vessell  roade  safely. 
Being  demanded  whether  he  would  yet  stand  to  the  arbitra- 
tion, or  reiferre  the  whole  cause  to  the  heareing  &  judgement- 
of  the  court,  at  length  by  mutuall  consent  the  arbitration 
was  waved,  both  parties  submitted,  &  the  playntiffe  was  re- 
quired to  make  proofs  both  that  the  said  Jn^  Charles  was  m'" 
&  that  the  losse  came  through  his  neglect  or  default.  But  the 
governo'',  &  deputye  governour,  being  both  interressed  in  part 
of  the  wine  lost,  and  leaveing  their  interresse  to  be  pleaded  by 
&  issued  w*h  that  of  Mr.  Evance,  desired  liberty  to  rise,  that 
they  might  neither  judge,  speake,  nor  sit  in  coiirt,  while  a 
cause  wherein  themselues  were  concerned  was  in  hand,  w^h 
was  granted. 

The  plaintiffe  affirmed  that  he  at  first  intended  &  appoynted 
S^jt  Jefferies  to  goe  ma""  of  the  sd  vessell  or  shallopp  for  this 
voiadge  to  Guilford,  Seabrook,  &  back  to  Newhaven,  but  Mr. 
Crayne,  Mr.  "Wackman  &  Mr.  Atwater,  intrusted  as  feoffees 
for  the  building  of  a  ship  at  Newhaven,  desired  y*  S^^jt  Jefferies 
might  be  spared  to  goe  to  the  Massachusetts  about  rigginge 
&  other  occassions  concerninge  the  said  shipp.  The  plaintiffe 
answered  he  could  not  spare  him,  unlesse  som  other  man 
were  poured  to  goe  ma""  in  S'^jt  Jeffrejs  roome,  &  mentioned 
the  defend*  to  them  as  fit  for  that  service.  Hervppo  they  the 
said  foefees,  spake  to  Jn°  Charles  about  it,  he  tooke  time  to 
consider  of  it  &  at  last  yealded  &  went,  though  S^'jt  Jeffreis 
(not  sent  to  the  Massachusetts,)  was  after  free  &  willing  to 


284  NEW  HAVEN  COLONY  RECORDS.  [1646 

returne  to  his  former  chardge,  &  to  goe  ma'"  of  the  said  shal- 
lopp,  &  so  told  the  said  Jno  Charles.  Herevppon  Mr.  Jasp 
Crayne  &  others  were  called  to  give  in  their  testimony,  &  vpon 
oath  they  severally  declared  as  foUoweth, 

Jasper  Crayne  vpon  oath  testified  that  h™selfe  &  some  other 
of  the  feoffes  asked  Mr.  Evance  whether  he  would  let  Si'jt  Jef- 
ferjs  (who  was  ma^"  of  the  foresaid  vessell,)  goe  a  journey  into 
the  Mattaclmsetts  Bay  for  them,  Mr.  Evance  answered  hee 
could  not  spare  him  vnlesse  they  could  gett  Jn^  Charles,  here- 
vpon  the  said  feofees  spake  w^h  Jn"  Charles  to  goe  in  Mr. 
Evance  his  boate,  in  S^^jt  Jefferies  roome,  because  of  some 
occassions  they  had  to  send  S'jt  Jeiferies  to  the  Bay,  who  could 
not  be  spared  vnlesse  he  (the  said  Jno  Charles)  would  goe  in 
his  roome,  but  at  that  time  Jn"  Charles  gave  them  noe  direct 
'  answerc,  but  said  he  would  consider  of  it. 

John  Wackman  vpon  oath  testified  that  h™selfe  &  other  of 
the  feofees  haveing  had  speech  wUi  S^jt  Jefii-ejs  about  goeing 
to  the  Bay,  they  asked  Mr.  Evance  whether  he  could  spare  h"^, 
Mr.  Evance  told  them  he  could  not  carry  on  his  designe  w^h- 
out  him,  he  knoweth  not  whether  Mr.  Evance  named  Jn" 
Charles,  but  they  meeting  with  Jn"  Charles,  asked  him 
whether  he  could  goe  the  voiadge  w^h  S^jt  Jeffrejs  was  to  goe 
&  mentioned  to  h^  the  takeing  off  of  St'jt  Jefferies  vpon 
another  imploym^  Jn"  Charles  took  time  to  consider  of  it ; 
a^ter,  they  the  feofees  meeteinge  w^h  Mr.  Evance  asked  h""  if  he 
would  let  Srjt  Jeifres  goe,  he  then  said  he  would,  for  Jie  had 
spoken  w*h  John  Charles. 

Joshuah  Atwater  not  remembreing  he  was  w^li  the  other 
feofees  at  their  first  conference  w'h  Mr.  Evance,  vpon  oath  tes- 
tified, that  after  meeteing  wUi  Mr.  Evance,  they  asked  h"> 
whether  he  was  willing  to  release  S^jt  JeSrejs,  Mr.  Evance 
then  answered  he  was  willing,  for  he  had  spok"  wUi  John 
Charles. 

Henry  Brunwin  vpon  oath  testified,  that  goeing  along  m 
comp^  w^h  Mr.  Evance,  they  mett  w'h  Mr.  Wackman  &  Mr. 
Crayne,  who  desired  Mr.  Evance  to  release  S'jt  Jefferies  that 
he  might  goe  to  the  Bay  for  them,  Mr.  Evance  was  not  then 
willinge,  but  comming  to  Corporall  Leeks  howse,  and  finding 


1646]  NEW   HAVEN   COLONY  RECORDS.  285 

Goodm"  Charls  there,  Mr.  Evance  made  a  motion  to  him,  w<=h 
to  the  best  of  the  deponents  remembrance  was,  to  goe  in  the 
roome  of  S'"jt  Jeffrejs  to  Guilford  &  to  the  Rivers  mouth 
(called  Seabrooke,)  Goodm"  Charles  told  him  the  feofees  had 
spoken  w^h  h™  about  it,  &  hee  would  consider  of  it,  where- 
vpon  Mr.  Evance  after  meeteing  w^h  the  feofees,  seemed  will- 
ing to  let  Serjeant  Jefiferies  goe. 

Phillipp  Leeke  vpon  oath  testified,  that  at  his  howse  Mr. 
Evance  spake  to  Goodm"  Charles  to  goe  in  his  vessell  in  the 
roome  or  stead  of  Searjeant  Jeffreis.  Goodm^  Charles  ans- 
wered, the  feofees  had  spoken  to  h'"  about  it,  but  what  further 
answere  Goodm"  Charles  made  he  remembers  not. 

Serjeant  Thomas  Jeffreis  vpon  oath  testified,  that  the  morn- 
inge  the  boat  was  to  goe,  he  went  vp  to  Mr.  Evance  his  howse, 
&  asked  him  whether  the  boate  was  ready  to  goe,  he  remem- 
bers not  Mr.  Evance  his  answere,  but  he  the  said  Tho'"  Jef- 
freis went  downe  to  the  watter-side,  purposeing  to  goe  the 
voiadge,  but  finding  Goodm"  Charles  there,  he  asked  him 
whether  he  went  the  voiadge  in  Mr.  Evance  his  boate,  Jn" 
Charls  told  him  he  did  goe,  they  had  spoken  to  h™  to  goe  & 
he  was  to  goe,  &  this  deponant  further  testified,  that  he, 
before  Jn^  Charls  was  spoken  to,  vnderstood  h"^selfe  to  be 
ma""  of  the  said  vessell,  &  that  the  chardge  of  the  boate  was  to 
Ije  on  him,  &  the  rest  of  the  comp^  to  be  at  his  comand,  oth- 
erwajs  he  should  not  have  gon  in  the  boate. 

John  Griffin,  one  of  the  seamen  in  the  said  boate,  vpo  oath 
testified,  that  h'nselfe  &  Ralph  Loynes  the  other  seaman  goeing 
to  Mr.  Evance  his  howse,  asked  h™  who  should  goe  w^h  them 
as  m""  to  take  chardge  of  the  said  vessell,  for  they  knew  not 
the  place  &  would  not  take  chardge.  Mr.  Evance  answered, 
take  you  noe  care,  Jn"  Charls  or  Serj*  Jeffrejs  shall  goe  along 
w^h  you ;  &  this  depon*  further  testified  that  Jn^  Charles  did 
helpe  to  stow  the  salt ;  that  in  the  voiadge  he  accounted  h"'  as 
master ;  &  j^  h'^selfe  &  Ralph  Loynes  did  what  he  the  said 
Jno  Charles  commanded  them,  &  that  Mr.  Evance,  being  at 
the  boate-side  when  the  boate  was  goeing  off",  said  Ralph 
Loynes  had  the  wrighteing  wherin  was  the  order  for  y^  deliu- 
[172]     ery  of  salt,  lading  aboard  &  taking  of  pease  ||at  Guil- 


286  NEW  HAVEN  COLONY  RECORDS.  [1646 

ford  &  other  biisinesse  to  be  done  at  the  Elvers  mouth,  & 
Goodm"  Charles  was  in  the  boate,  but  he  cannot  say  Mr. 
Evance  therein  only  directed  his  speech  to  John  Charles. 

Testimony  being  thus  farr  given  in  to  prove  Jn^  Charles 
ma^,  he  pleaded  for  himselfe  that  he  went  in  the  said  boate  as 
a  freeman,  takeing  noe  chardge  vpon  him,  &  that  the  said  Jn^ 
Evance  made  noe  agreement  w^h  him  for  voiadges.  Mr. 
Evance  answered  that  he  had  imployed  the  said  Jn°  Charles 
2  yeares  together,  in  w^h  he  made  severall  voiadges  as  m'' ; 
that  he  only  agreed  wUi  him  for  wages  the  first  time,  &  had 
ever  after  allowed  him  the  same  wages  vpon  account,  where- 
wUi  the  said  Jn°  Charles  was  content,  &  the  same  wages 
might  now  justly  have  bin  demanded  &  must  have  bin  allowed, 
but  there  had  never  passed  any  speech  of  Jn"  Charles  his  goe- 
ing  in  the  boat  as  a  freeman  w^hout  wages,  nor  could  it  in 
reason  either  have  suited  the  occassions  of  the  plaintifife,  or 
the  calling  &  course  of  the  defendant,  being  a  seaman.  Jn^ 
Charles  only  answered  that  the  former  voiadges  were  in  a  ves- 
sell  wherein  h^selfe  had  a  fourth  part,  but  that  altered  not 
the  case  for  wages,  and  the  court  told  Jno  Charles  that  hee 
was  a  man  well  knowne  not  to  be  so  free  of  his  sea  labour,  as 
to  goe  forth  vpon  a  voiadge  as  a  freeman  wUiout  wages  in  a 
vessell  wherein  himselfe  was  cheife  seaman,  &  noe  man  elce 
fit  to  take  chardge.  To  this  he  made  noe  replye,  but  affirmed 
noe  seaman  could  prove  him  master  by  the  evidence  given  in. 

Mr.  Tobias  Dimocke  &  Rob^  Martin,  marryners,  <fe  both 
now  or  lately  ma''s  of  shipps,  being  present  were  desired  to 
expresse  what  they  apprehended  in  the  case. 

Mr.  Dymoc}?:  testified  that  when  he  came  from  Pequott,  lie 
mett  wUi  Ralph  Loynes,  who  was  one  of  the  seamen  of  the 
said  vessell  when  it  was  cast  away,  but  now  absent,  &  y^  said 
Ralph  Loynes  related  to  h"^  the  manner  of  their  comminge  to 
the  Rivers  mouth,  &  how  the  vessell  was  cast  away  ;  namly, 
that  they  came  in  the  sixth  day  of  the  weeke  &  tooke  in  3 
pipes-  of  wine,  &  the  next  day  tooke  in  the  rest,  and  on  the 
second  day  of  the  weeke,  called  Munday,  they  fetched  aboard 
an  anchour  they  were  by  order  to  receive  there,  <fe  they  lay 
agrownd  at  the  wharfe  from  the  second  day  till  the  fowrth 


1646]  NEW   HAVEN   COLONY  RECORDS.  287 

clay  at  noone,  all  W^li  time  her  ladeiug  was  in  her,  and  when 
the  storme  came,  they  carryed  out  an  anchour  as  farr  as  they 
could  from  the  shore,  but  the  storme  being  then  great,  they 
could  not  carry  it  farr  enough,  and  Mr.  Dymock  thought  the 
boate  did  not  ride  above  a  quoyts  cast  from  the  shore,  & 
tliey  haveing  rowsed  vp  vpon  the  roade,  could  not  gett  her  fur- 
ther off,  &  both  Jn°  Charles  and  the  other  two  seamen  went 
on  shore  &  left  the  boate,  &  somtime  after,  the  road  bracke  & 
the  vessell  drove  onn  shore. 

The  court  for  Jn^  Charles  his  better  satisfaction  desired  Mr. 
Dymocke  to  declare  his  opinion,  whether  one  shipt  in  the 
roome  or  stead  of  a  mdi,^  of  a  vessell  bee  not  really  the  ma'"  of 
the  said  vessell  &  so  to  be  accounted.  Mr.  Dimock  answered, 
that  if  any  one  were  shipt  in  the  roome  of  a  master  of  a  shipp, 
&  had  his  power,  that  then  he  conceived  he  was  master. 

Robert  Martin  testified  that  by  the  evidence  given  in,  he 
could  not  conceive  but  that  Jn^  Charles,  so  shipt  in  S^jt 
Jeffreis  roome,  was  master,  &  he  thought  Jn^  Charles  in  his 
owne  conscience  thought  h"iselfe  ma%  &  would  have  reqiiired 
masters  wages  if  he  had  returned  safe. 

The  court  wished  Mr.  Evance  to  proceede  &  make  proofe 
that  the  boate  &  goods  were  cast  away  &  lost  through  negli- 
gence. Wherevpo  Jn°  Griffin  one  of  y^  seamen  in  the  said 
vessell  was  required.  Vpon  his  oath  taken  to  declare  and 
testifie  what  he  knew  in  the  case,  he  affirmed  that  they  went 
hence  on  the  o'^  day  of  the  weeke  in  the  afternoone,  the  winde 
then  westerly,  that  he  thought  the  skiffe  roape  stronge  enough, 
yet  against  Thimble  Islands  she  brake  away,  &  they  came  to 
an  anchour  til  the  boat  came  vp  to  them,  then,  they  went  to 
weigh  their  anchour,  but  it  was  2  bowers  before  they  could 
'efect  it  &  then  the  flood  was  made,  &  the  skiffe  gon  they  knew 
not  whether.  The  next  day  they  got  to  Guilford  &  Goodm" 
Charles  brought  the  vessell  into  the  place  where  they  should 
lye,  and  this  depon*^  to  the  best  of  his  remembrance  asked 
Goodm"  Charles  whether  he  would  goe  into  the  towne,  &  he 
said  no,  y°  Mr.  Evance  his  directions  were  given  to  this  depo- 
nent by  Ralph  Loynes,  whether  it  were  because  Goodm" 
Charles  could  not  read  he  knoweth  not,  the  next  day  some  of 


288  NEW  HAVEN   COLONY  RECOEDS.  [1646 

their  salt  being  deliuered  and  their  pease  taken  in,  they  set 
sayle.  The  next  day  by  noone  they  came  to  the  Rivers  mouth, 
came  to  the  wliarfe,  vnloaded  tlie  rest  of  their  salt  <fe  tooke  in 
3  pipes  of  wine,  &  the  last  day  of  the  weeke  tooke  in  4  pipes 
more.  Vpon  the  second  day  of  the  weeke  they  gott  aboard 
an  anchour  they  were  by  order  to  receive  there  &  to  bring  to 
Newhaven ;  at  night  they  heard  of  a  skiffe  was  cast  ashore  at 
the  corne  feild  poynt,  told  Goodm"  Charles  of  it,  asked  h"*  if 
it  were  not  best  to  goe  &  see  it,  if  it  were  not  theirs,  &  goeing 
fownd  it  to  be  theirs,  the  next  day  they  brought  ockham  & 
caulked  her.  While  they  were  at  worke  about  her,  the  winde 
on  a  sudden  fell  calme,  then  Goodm'^  Charles  said  we  wilbe 
gon,  we  shall  have  an  easterlie  winde,  but  after,  their  arose  a 
storme  w^h  increased,  but  they  returned  before  the  vessell  was 
afloate ;  they  did  what  they  could,  but  had  neither  cannow  nor 
boate  of  their  owne  to  helpe  them.  At  length  the  Dutchmen 
there  did  helpe  them,  &  Goodm"  Charles  went  w^h  them,  & 
they  carried  out  their  anchour  as  farr  as  they  could  for  the 
storme,  then  they  rowsed  vpon  the  boate  roape  and  sett  oif  w^h 
their  oares,  and  gott  her  afloate,  &  laid  her  offe  as  farr  as  they 
could,  then  they  came  all  on  shoare  &  left  her,  and  in  the 
night  the  road  brake. 

Jn°  Griffin  being  farther  questioiied  about  the  losse  of  the 
skiif  &  other  passadges,  vpon  his  oath  affirmed,  that  ther  was 
an  old  cable  &  a  tacle  aboard,  w'^h  might  have  binne  made  fast 
to  the  skiffe  to  have  saued  her.  Secondly  that  the  vessell  lay 
agrownd  &  noe  anchour  off,  three  tydes  after  she  was  loaden, 
before  the  storme  began,  &  that  the  reason  of  their  leaveing 
the  vessell  was  because  they  were  wett,  &  ye  Dutchmen  said, 
what  will  you  doe  starveing  here,  it  were  better  for  you  to  goe 
on  shoare. 

John  Charles  alleadged  that  the  said  Dutchmen  had  testi- 
fied before  the  governour  that  the  vessel  might  have  bin  saved 
had  she  had  another  anchour  &  cable,  the  governour  confirm- 
ing the  same  withall  informed  the  court,  that  he  had  advized 
Jno  Charles  that  Mr.  Evance  might  be  present  to  heare  what 
they  could  testifie  vpon  oath,  but  they  came  noe  more. 
[lYS]     II  Leiut.  Joseph  Godfrey  vpon  oath  testified,  that  the 


1646]  NEW  HAVEN   COLONY  RECORDS.  289 

Dutchmen  in  his  hearing  told  Mr.  Evance,  they  apprehended 
Jn"  Charles  his  neglect  lay  in  letteing  the  boate  lye  so  longe 
loaden  ashoare,  til  the  stormc  was  so  great  that  tliey  could  not 
carry  her  off  so  farr  as  she  should  have  bin  for  her  preserva- 
tion. 

Serjeant  Jeffreis  vpon  oath  informed  the  court,  that  seamen 
vse  there  to  dropp  or  let  fall  an  anchoJ"  in  the  channell,  for  it  is 
a  dangerous  place  to  ride  at  the  wliarfe ;  that  if  there  had  liin 
an  anchour  dropt  at  their  comming  in,  20  or  30  faddom  off, 
that  the  cable  might  have  had  scope,  it  is  like  it  would  have 
held ;  that  if  the  vessell  had  layne  20  or  30  faddome  farther 
from  the  shoare,  though  the  cable  had  broak,  as  the  winde  in 
the  storme  was,  they  might  have  gon  cleare  of  the  poynt  vpp 
the  river,  and  as  she  lay,  had  the  seamen  bin  aboard,  much 
might  have  bin  done  for  the  boats  safety,  to  have  cast  her  by 
flatting  her  foresayle. 

Herevpon  the  court  asked  Jn"  Charles  whether  h"'selfe,  (if 
proved  ma»"  of  the  vessell,)  must  not  conclude  there  was  a 
greate  neglect  in  him.  He  answered  that  if  he  were  ma'',  he 
must  confesse  their  was  a  great  neglect,  but  he  still  pleaded 
that  if  the  vessell  had  bin  provided  w^h  2  cables  &  anchours, 
they  would  have  held  her,  &  it  is  lik  she  would  have  ridd  safe 
where  she  was  laid. 

After  much  time  spent  in  examjninge  witnesses,  &  debateing 
the  cause,  the  plaintiff  &  defendant  vpon  demand  acknowl- 
edgeing  that  they  had  notheing  further  to  say,  the  court 
inquired  after  the  damadge,  &  fownd  by  dew  proofe  that  5 
pipes  of  Madera  wine  were  wholy  lost,  which  cost  first  penny 
10^  a  pipe,  that  50  bush,  of  pease  were  laden,  that  of  them  one 
hogshead  was  only  saved,  the  rest  were  lost,  w^h  cost  at  least 
71,  that  the  damadge  in  the  boate  lost,  by  anchour  &  cable,  w^h 
other  chardges  neces^aryly  followeing,  being  rated  w^h  all 
moderation,  came  at  last  to  10'  more. 

The  premjses  being  dewly  considered  the  court  proceeded  to 
sentence,  and  first  finding  the  evidence  full  y'  serjt  Jeffrejs 
was  shipped  ma""  of  the  sd  vessell,  for  the  voiadge  to  &  froe, 
that  Mr.  Evance  would  not  have  spared  h™  if  Jn^  Charles  had 
not  bin  pcured  in  his  roome,  that  the  treaty  w*h  Jn^  Charls 
37 


290  NEW  HAVEN  COLONY  RECORDS.  [1646 

in  this  buisnes,  the  time  he  tooke  for  consideration,  &  hs  con- 
sent at  last,  all  tended  to  that  purpose,  that  the  other  seamen 
that  went  in  the  boate  pfessed  they  knew  not  the  place,  & 
therevpon  could  not  take  chardge,  that  Serj*  Jeffrejs  not  goe- 
ing  to  the  Massachusetts  would  have  returned  to  his  place  of 
ma"^  for  the  voiadge,  but  Jn^  Charles  said  thej  had  spoken  to 
h'n  to  goe  &  he  was  to  goe,  y*  y^  other  seamen  in  y^  voiadge 
tooke  h"i  to  be  ma"^  &  were  at  his  coffiand,  &  considering  w^hall, 
y'  what  Jn°  Charls  pt'tended  about  hs  going  as  a  freeman  in 
the  said  voiadge,  &  about  wages,  is  in  itselfe  vnreasonable  & 
w^hout  any  proofe  at  all,  the  court,  in  refference  to  the  sen- 
tence foUoweing,  concluded  him  to  be  master. 

Secondly  by  the  evidence  given  in  concerninge  the  neglect, 
ye  court  did  find  that  Jn^  Charls  had  not  improved  his  owne 
skill,  nor  exersised  the  ordynary  care  of  a  man  takeing 
chardge,  for  prservation  of  y"  vessell  &  goods. 

For  first,  haveing  lost  the  skiffe,  he  did  not  as  reason  re- 
quires, &  as  the  practise  is  of  seamen  in  such  cases  is,  to  let 
fall  an  anchour  at  a  reasonable  distance  in  the  channell,  by 
wi^h  means  he  might  have  hauled  off,  as  occassion  should  re- 
quire, &  the  vessell  might  have  ridd  more  safely,  &  the  cable 
w4i  more  scoape  might  have  held  better,  &  if  it  had  broke, 
they  might  have  set  sayle,  &,  as  the  wynd  stood,  might  have 
runne  vpp  the  river  w^hout  difficultye. 

Secondly,  he  suifred  the  vessell  to  lye  agrownd  at  the 
wharfe,  though  all  her  lading  were  aboard,  from  y^  second 
day  to  the  fowrth  day  at  noone,  &  though  the  weather  were 
faire,  carry ed  out  noe  anchour  to  secure  her. 

Thirdly,  after  the  storme  beganne,  &  that  they  had  hawled 
the  vessell  a  litle  off  from  shoare,  the  storme  contineweing,  & 
the  vessell  in  danger,  haveing  but  one  anchour  out,  &  that 
litle  scoape,  yet  himselfe  &  the  other  seamen  did  all  forsack 
her,  leaveing  noe  man  to  prevent,  or  prevent  in  time  of  dan- 
ger ;  but  as  the  said  Jno  Charles  himselfe  confest,  there  went 
somtimes  one,  somtimes  another,  from  j^  ordynary,  being  a 
quarter  of  a  mile  from  the  watter-side,  to  see  how  she  ridd ; 
whereas,  probably  had  they  binne  in  the  vessell,  they  might 


1646]  NEW   HAVEN   COLONY  RECORDS.  291 

have  vsed  means  either  to  have  saved  her,  or  some  pt  of  the 
goods  now  lost. 

Fourthly,  John  Charles  in  court  confest,  that  if  he  were 
proved  ma"",  there  was  a  great  neglect. 

The  court  asked  John  Charles  whether  he  could  chardge 
the  seamen,  or  either  of  them,  wUi  any  miscariadge  in  their 
places,  that  part  of  the  damadge  might  be  layd  onn  them,  but 
he  objecting  notheing  against  them,  the  court  adjudged  John 
Charles,  for  his  grosse  negligence,  &  vnworthj  carryadge  in 
such  a  place  of  trust,  to  pay  Mr.  Jn^  Evance,  for  hmselfc  &  the 
other  interessents,  threescore  &  seaven  pownds,  besids  the 
ordynary  court  chardges,  in  refference  to  the  pticulers  before 
mentioned. 

Mr.  Evance  vpon  the  sentence  thus  given,  moved  the  court 
that  he  might  have  an  execution  granted,  because  Jn«  Charles 
is  shortly  to  goe  to  Virginia  &  thence  to  England.  But  the 
court  being  slow  to  grant  execution  so  suddenly,  John  Charles 
of  himselfe  told  Mr.  Evance  in  court,  he  had  36i  or  88i  in  his 
owne  hands  already  towards  it,  &  he  would  tak  order  w^h  Mr. 
Gilbert  to  pay  the  rest,  wherewUi  Mr.  Evance  was  satisfied. 


[174]         At  a  GenI  Court  held  the  first  Febr.  1646. 

Mr.  John  Evance  &  Theophilus  Higinson  had  liberty  to 
dept  the  court. 

The  orders  of  the  last  Jurisdiction  Gennerall  Court  were 
now  read. 

It  was  propownded  that  those  planters,  howseholders  & 
sojourners,  would  give  in  their  names,  who  desire  to  have  their 
seats  in  the  souldiers  seats,  ingadging  themselues  to  bring 
their  armes  constantly,  to  all  publicque  meeteings  for  the 
worps  of  God. 

It  was  ordred  that  the  military  officers  should  meete  forth- 
with, &  chuse  32  psons  fit  for  the  forementioned  service,  & 
send  for  them  &  speake  wUi  them,  &  see  whether  that  they  be 
willinge  to  attend  the  service,  or  elce  it  is  to  continew  in  the 
same  order  as  at  present  it  is. 

It  was  propownded  to  the  court  that  they  would  expownd 


292  NEW  HAVEN   COLONY  RECORDS.  [1646 

themselues  in  a  former  order,  about  corporals  assisting  the 
Serjeants  in  the  exersise  of  their  squadrons.  And  it  was 
ordred  that  the  corporals  doe  assist  the  s^'jts  in  that  exersise. 

It  was  ordered  that  the  Neck  this  yeare  be  imployed  as 
formerly. 

It  was  ordred  that  bro.  Myles,  bro :  Coop  &  bro.  Benham,  or 
Edward  Chipfeild,  as  a  committee  from  this  court,  speake  w^h 
Goodman  Wilmott  about  the  land  he  holdeth  of  the  townes, 
(in  refference  to  the  clay  fownd  there,)  to  let  him  still  injoye 
it,  or  leave  it. 

Bro :  Andrewes  propownded  that  some  of  them  that  held 
the  small  lotts  behind  Mr.  Evance  quarter,  might  have  some 
land  granted  them  in  liew  thereof,  on  the  east  side  Mr.  Mal- 
bons  farme.  Mr.  Malbon,  Lieft.  Seely  and  Mr.  Francis  New- 
man, w^h  some  of  them,  were  chosen  to  view  it,  and  to  make 
report  to  the  court  concerning  it. 

It  was  ordred,  that  another  view  be  made  by  bro.  Wack- 
man  &  bro.  Myles  their  quarters,  &  that  those  of  the  quarters 
goe  along  w*h  the  viewers. 

It  was  ordred  that  the  court  w^h  Leiut.  Seely,  consider  what 
pi'rivelidges  may  be  meete  to  allow  seamen,  w^h  refference  to 
watchings  &  traynings. 

Bro.  Beamont  had  liberty  to  exchang  2  acr.  of  land  at  the 
playnes. 

It  was  ordred  that  the  rest  of  those  deputed  to  seate  people 
in  the  meeting-howse  shall  seate  the  deputyes. 

Liberty  was  further  given  them  that  have  or  desire  land  w^h 
the  small  lotts  to  give  in  their  names  w^hin  8  dayes. 

Liberty  was  given  Mr.  Stephen  Goodyearc  to  brew  beare  for 
this  towne,  all  others  excluded  w'liout  the  lik  liberty  &  con- 
sent of  the  towne. 

Vpon  view  of  some  meddow  at  Mr.  Goodyears  farme,  it  was 
granted  hee  might  take  it  for  the  lik  vallew  of  vpland. 

Bro :  Lampson  was  fownd  able,  &  exprest  himselfe  willing, 
to  pay  3  shill.  -F  weeke,  from  first  to  last,  towards  the  maynten- 
ance  of  his  wife,  till  the  court  see  cause  to  alter  it,  ]3ut  what- 
ever work  his  wife  doth,  it  is  to  bee  reckoned  in  part  of  what 
her  husband  is  to  allow. 


1646]  new  haven  colony  recoeds.  293 

At  a  Court  held  at  Newhaven  the  2^  Febr.  1646. 

W™  Meaker  informed  the  court  that  7  pecks  of  meale  he 
hath  received  of  Sam :  Daighton,  &  that  yet  he  doth  want  a 
sack  &  one  peck,  &  he  had  order  from  the  court  to  dispose  of 
6  pecks  of  meale,  vntill  the  court  se  cause  to  order  it  to  the 
partyes  that  did  loose  by  Samuell  Daighton. 

Geo:  King  chardged  w^h  blaspheaming  the  name  of  God  by 
curseing,  James  Heywood  said  he  heard  him  swere  by  the 
name  of  God,  <fe  told  him  the  danger  of  such  a  course,  &  since, 
he  hath  heard  him  sweare. 

Thomas  Morris  affirmed  he  had  bin  told  of  swearing  aboard 
the  ship,  &  since,  4*  since,  swore  by  the  name  of  God,  aboard  a 
Dutchman,  &  he  told  him  of  it.  The  oath  was  a  by  God.  Geo. 
King  confessed  he  spak  the  words. 

[175]  II  The  Governor  told  him  that  when  the  son  of  an 
Egiptian  blaspheamed  the  name  of  God  it  was  not  borne.  Its 
the  peirceing  through  the  name  of  God  in  passion,  W^li  is  a 
high  provokation  of  God,  whereas  the  rule  is,  let  yo*"  words  be 
yea,  yea,  &  nay,  nay,  &  by  a  mans  words  he  may  loose  his  life. 

It  was  hoped  it  was  only  a  rash  &  sinful  oath,  some  have 
Ijin  boarcd  through  the  tongue,  other  have  bin  in  the  stocks  & 
their  tongues  in  a  cloven  stick.  But  hopeing  this  was  not 
dispitfully  don,  the  centence  of  the  court  was,  that  he  should 
l)e  whipped,  and  in  the  interim  be  kept  in  the  marshals  hands. 

John  Meggs  informed  the  court,  he  had  received  much 
damadge  in  a  parcell  of  hay  by  Mrs.  Turn^s  cattle,  about  4 
load. 

Mr.  Gilbert  witnessed  that  he  saw  Mrs.  Tunic's  cattle  3 
times  at  G.  Meggs  hay. 

Wm  Wooden  informed  the  court  that  3  times  he  fetched 
cattle  thence. 

Mrs.  Turner  replyed,  the  cattle  gott  in  at  som  fence  being 
downe,  &  dry  catle  had  bin  in  the  meddo,  100  at  a  time. 

James  Till  said,  he  has  scene  3  yonge  catle  2  or  3  dayes  to- 
gether, &  3  cowes  at  once  from  morning  till  night,  at  the  hay. 

Goodman  Andrewes  and  Goodman  Cooper,  being  at  Mr. 
Gilberts  farme,  were  desired  by  Goodman  Meggs  to  goe  see 


294  NEW  HAVEN  COLONY  EECORDS.  [1646 

the  hay,  &  by  others  relation  of  what  it  had  bin,  they  judged 
that  4  load  was  stroyd,  Goodman  Cooper  had  forni'ly  seene  it 
when  there  was  litle  losse,  &c.  The  centence  of  the  court  was 
that  Mrs.  Turn""  pay  Jn"  Meggs  3  load  of  hay,  or  30^  equivalent 
vnto  it. 

Rici  Beech  informed  the  court  that  his  coz"  W'"  lies  had 
done  some  work  for  Mr.  Mullyner,  &  severall  times  he  had 
desired  to  have  had  it  issued  but  he  hindred  it,  &  now  latly  he 
refusseing  to  make  payment  for  what  was  don,  he  had  him 
warned  to  the  court  to  answere  it. 

Mr.  Mullyner  told  Ric^  Beech,  if  he  would  prove  the  bar- 
gaine  &  pformance  of  it,  he  would  pay  him. 

John  England  said  he  was  to  vnderpin  his  howse,  make  a 
backe  to  a  chimney,  stone  a  well  &  get  the  stons,  for  three 
pownds  ;  but  to  his  knowledge  he  had  noe  time  set  him  for 
the  doeing  of  it ;  he  being  at  work  at  Mr.  Shirmans,  whose 
necesjtj  was  very  great,  he  desired  W™  lies  to  get  some  boddy 
els  to  help  h™,  but  in  fine  severall  times  they  came  &  things 
were  not  ready,  &  when  they  had  don  his  howse  &  almost  fin- 
ished the  well,  insomuch  that  there  was  20  inches  water,  7 
weeks  after  Michaelmas  ;  after  that,  Jn^  England  would  have 
put  a  caske  in  the  bottom,  &  dugg  it  deeper,  but  Mr.  Mullyner 
would  have  pswaded  him  the  spring  were  risen  2  foote  in  the 
well,  when  it  was  otherwayes  in  Goodm"  Wards  well,  as  was 
tryed,  &  he  hath  held  them  of  w^h  delayes,  that  it  is  yet 
vnfinished. 

Edward  Tredwell  informed  the  court,  that  he  has  heard  it 
said  it  was  well  don,  so  far  as  it  was  donne,  but  in  the  issue  the 
sand  lyeing  one  the  side  of  it,  it  being  made  in  a  banke  side, 
filled. 

The  centence  of  the  court  was,  that  Mr.  Mullyner  pay  SS^ 
vnto  John  England  and  Ric^  Beech,  (and  that  he  pay  5^) 
besids  the  chardges  vnto  them,  Jn"  England  finishing  it. 

Theophilus  Higinson  hath  sold  3  acr  ^  of  vpland  vnto 
John  Punderson,  lying  w^hin  the  first  devizion. 

Theophilus  Higinson  hath  sold  vnto  Goodm"  Johnson  seaven 
acr.  of  vpland  lyiuge  w'hin  the  first  devizion,  lying  next  Good- 
man Todd. 


1646]  NEW  HAVEN   COLONY  RECORDS.  295 

John  Nash  hath  sold  5  acr  ^  of  meddow  on  the  Indian  side, 
vnto  Jn"  Vincent. 

John  Nash  hath  sold  7  acr  ^  vpland  vnto  Roger  Allen,  w<=h 
lyeth  in  Mr.  Lambertons  quarter. 

[176]  II  Thomas  Hogg  haveing  bin  imprisoned  vpon  snspition 
of  bestyahty  w'h  a  sow  of  his  mistreses,  for  about'  2  or  3 
monthes  agoe,  there  was  a  discovery  of  that  w^h  is  conceived 
bestyalitye,  a  sow  of  Mrs.  Lambertons  pigging  two  monsters, 
one  of  them  had  a  faire  &  white  skinne  &  head,  as  Thomas 
Hoggs  is.  It  being  considred  of,  Mr.  Pell  was  sent  for,  and 
afterward  was  fownd  another  w*^!!  a  head  lik  a  childs  &  one 
eye  lik  his,  the  bigger  on  the  right  side,  as  if  God  would  dis- 
crib  the  party,  w'h  the  discription  of  the  instrument  of  bes- 
tyalytie.  This  examinant  being  sent  for  &  examjned  about  it, 
he  fetched  a  deepe  sight,  fell  in  his  countenance,  but  denyed 
it ;  but  information  was  made  of  sundry  loathsome  passadges 
concerning  him,  as  discovereing  his  nakednesse  in  more  places 
then  one,  seemeing  therby  to  indeauor  the  corrupting  others, 
and  being  told  of  it,  he  said  his  breeches  were  rent,  when 
indead  his  sperit  was  rent. 

Thomas  Hogg  said  his  belly  was  broake,  &  his  breeches  were 
streight,  &  he  wore  a  Steele  trusse,  &  soe  it  might  happen  his 
members  might  be  scene. 

Goodie  Camp  informed  the  court,  that  for  all  she  could  say 
to  him,  yet  he  did  goe  so  asjiis  filthy  nakednesse  did  appeare  ; 
she  has  given  him  a  needle  &  thridd  to  mend  his  breeches, 
but  soone  it  was  out  againe,  &  he  would  tell  her  his  breeches 
were  tore  &  burnt. 

The  faults  for  w^h  he  was  imprisoned  were  two.  For  that 
of  bestyalytie,  guilt  did  appeare  in  his  carryadge,  although  he 
denyed  he  was  at  farme  when  the  sow  took  bore,  &  would  not 
have  gon  to  fetch  home  the  swyne  about  their  pigging  time,  & 
being  sent  once  &  agayne,  he  went,  but  brought  them  not 
home,  but  one  of  bro.  Thompsons  famyly  fownd  them  in  lesse 
then  halfe  a  day. 

Afterward  the  governo*"  &  deputy,  intending  to  examyne 
him,  caused  him  to  be  hadd  downe  vnto  his  M"  yard,  where 
the  swyne  were,  &  they  bid  him  scratt  the  sow  that  had  the 


296  NEW  HAVEN  COLONY  RECORDS.  [1646 

monsters,  &  immedyatly  there  appeared  a  working  of  lust  in 
the  SOW,  insomuch  that  she  powred  out  seede  before  them,  & 
then,  being  asked  what  he  thought  of  it,  he  said  he  saw  a 
hand  of  God  in  it.  Afterwards  hee  was  bid  to  scratt  another 
sow  as  he  did  the  former,  but  that  was  not  moved  at  all,  which 
Thomas  Hogg  acknowledged  to  be  true,  but  said  he  never  had 
to  doe  w'h  the  other  sow.  The  court  was  informed  that  he 
seeing  his  mJ^  swyne,  &  this  sow  that  had  the  monsters,  yet  he 
would  not  bring  them  home. 

Nicholas  Elsie  said  he  knoweth  that  Thomas  Hogg  did  ques- 
tion whether  that  sow  was  his  mistrises  or  noe,  &  shewed  an 
vnwillingnesse  to  have  them  home. 

Mary,  servant  vnto  Mrs.  Lamberton,  informed  the  court 
that  the  neagar  was  the  first  in  the  famyly  that  observed  his 
discovercing  his  nakednesse,  &  told  him  she  would  flying  fier 
in  his  breeches  if  he  continued  thus ;  and  divers  times  her- 
self saw  it,  &  told  him  of  it,  jjut  he  would  deny  it. 

He  had  discovered  himselfe  to  be  an  impudent  lyar,  and 
forward  in  stealing.  Lucretia,  the  governo''s  neagar  weoman, 
informed  the  court  that  while  she  was  in  the  famyly  w^h  h*", 
she  saw  him  act  filthjnesse  wUi  his  hands  by  the  fier  side,  &  the 
next  day  the  child  &  Hannah  told  her  of  it,  &  she  asked  whether 
hee  was  not  ashamed.  And  she  hath  scene  him  take  his  hand 
out  of  the  pott  &  a  dumpling  with  it.  Mary,  aforementioned, 
added  she  saw  him  take  cheese  out  of  the  buttrey,  &  speaking 
to  him  about  it  he  denyed  it  presently. 

The  centence  of  the  court  was,  (leaveing  that  about  beas- 
tyalytye  to  be  further  considred  on,)  that  for  his  filthynesse 
lyeing  &  pilfering,  he  should  be  sevearly  whipped,  &  for  the 
future  time  during  his  imprisonement,  that  he  be  kept  w'h  a 
meane  dyet  &  hard  labour,  that  his  lusts  may  not  bee  fedd. 
[177]  II  John  Charles  was  required  to  answere  for  his  con- 
tempt of  the  court,  that  they  sitteing  &  sending  a  warrant  for 
him,  yet  he  goes  away  wUiout  any  leave,  conteming  the 
authority  of  the  place  therein. 

John  Charls  answered,  it  was  true  he  went  away,  it  being 
vpon  a  pinch  of  time  and  skipper  Zeaker  stayed  for  him,  &  he 
was  told  that  warninge  should  have  bine   given  before  that 


1646]  NEW    HAVEN    COLONY   EECORDS.  297 

time,  &  so  not  lawfull  warninge.  Espetyally  speakeing  to  his 
bro.  of  Totokett  that  he  should  informe  the  court  how  it  stood 
w^h  him,  he  thought  it  noe  contempt. 

Thomas  Wheeler,  Thomas  Lawrence  and  Timothy  Alsopp 
vpon  oath  affirmed,  that  when  the  said  Tho'"  Wheeler  had 
told  John  Charles  he  inust  goe  to  Newhaven,  John  Charles 
asked  him  what  he  should  doe  there,  Thomas  Wheeler  said 
he  must  answere  to  such  things  as  were  brought  against  him. 
John  Charles  answered,  that  they  had  more  neede  answere 
him  for  threescore  pownds  they  tooke  away  from  him.  Thomas 
Wheeler  saith  further  that  John  Charls  said,  that  to  take 
away  his  mony  &  to  deale  so  w^h  him,  was  the  Judasest  trick 
that  either  he  or  ever  man  was  served.  Thomas  Wheeler  told 
him  he  must  take  heede,  it  was  against  authority,  but  John 
Charles  answered  he  ment  Mr.  Evance.  Thomas  Wheeler 
replied  that  Mr.  Evance  could  not  take  away  his  monny  &  that 
it  must  be  meant  of  the  court,  for  what  Mr.  Evance  had  of 
him,  it  was  by  order  of  court. 

Thomas  Wheeler  further  affirmed,  that  haveing  the  war- 
rant he  went  to  the  vessell  &  told  them  his  businesse,  John 
Charles  replyed  he  had  noe  power  over  him  and  that  he  could 
not  doe  ought  w'hout  a  water-bayly.  Skipper  Zeakar  com- 
ming  ashore,  was  vnwilling  &  refussed  to  set  them  aboard  or 
John  Charles  ashore,  although  he  told  him  he  had  a  warrant 
for  him.  Then  he  told  him  that  if  he  carryed  him  away,  he 
must  give  an  account  for  it ;  the  he  told  the  said  Thomas 
Wheeler  that  if  he  went  aboard  he  would  carry  him  away. 
Then  gott  they  an  Indian  to  lielpe  them  aboard,  &  then  they 
brought  John  Charles  away  with  them.  All  w<=h  John  Charls 
sought  to  evade  &  fell  to  say  he  had  bin  wronged  by  Mr. 
Evance,  however  now  he  must  lye  at  the  mercy  of  the  court, 
but  he  intended  noe  contempt  of  the  court,  although  told  at 
Connecticott  they  give  three  dayes  warninge. 

Goodman  Banister  informed  tlie  court,  that  on  the  second 
day  at  night,  George  Smith  &  himselfe  were  at  Goodman 
Brownes  the  bakers,  where  John  Cliarls  was  &  said  the  shipp 
was  goeing  forth  but  might  not  returne,  then  said  he  why  ? 


|U|8  NEW  HAVEN  COLONY  RECORDS.  [1646 

John  Charles  answered  they  had  gott  ^xty  pownds  from  him, 
but  if  any  wise  man  were  in  the  plantation,  it  had  not  bin  soe. 

George  Smith  informed  the  court  that  he  heard  John 
Charls  say,  if  it  had  binne  in  any  part  of  Newhaven  he  had 
not  bin  cast,  but  he  remembers  noe  more. 

The  centence  of  the  court  was  that '(for  his  contemptuous 
cariadges  and  vile  expressions,  tending  to  the  deffameing 
the  court  for  doing  justice  according  to  their  light,)  he  should 
pay  twenty  pownds  to  the  jurisdict'. 

Mr.  John  Evance  informed  the  court  that  John  Charls  had 
gone  vp  and  downe  in  a  slanderous  way  reproachi[ng]  him 
and  sayeing  he  had  cheated  him,  and  said  he  was  as  vnmercy- 
full  as  a  dogg  &c.  Although  he  had  the  next  day  after  the 
court,  bin  downe  w^h  him  w*h  anoth''  &  told  him  he  per- 
ceived his  sperit  was  troul)led,  but  mynded  him  how  he  had 
sate  downe  satisfied  till  he  heard  such  reports  that  made  it  nec- 
essary for  him  to  move,  &  told  him  further  if  yet  it  should 
appeare  that  it  was  not  his  dew  W^h  the  court  ordred  him,  he 
desired  not  to  possesse  it. 

[178]  II Brother  John  Mose  informed  the  court  that  his 
brother  John  Charles  sayd  Mr.  Evance  had  broken  his  prom- 
ise once  or  twice  in  monney  or  beauer  lent  him,  the  Wli  Jn" 
Charles  acknowledged.  Jn°  Charles  said  he  had  bin  out  of 
his  wages  these  two  yeares  and  has  had  promise  of  beaver,  and 
60'  in  beaver  he  paid  Long  Islandmen,  &  yet  h'"selfe  was  vnpaid. 
Againe  he  helped  Mr.  Evance  w^h  some  beaver  w'^h  he  heard,  to- 
gether w^h  that  he  should  have,  goeing  for  England,  but  it  was 
sent  to  Connecticott,  Mr.  Evance  telling  him  he  should  have  it 
wUi  him  for  England .  Captayne  Smith  commeing  in  received  it 
&  carryed  it  into  the  Bay,  when  his  expectation  was  to  have 
it  wUi  him  ^  way  of  Virginia  to  carry  for  England. 

Mr.  Evance  replyed  that  Goodman  Charles  liaveing  sayled 
longe  in  the  bark,  at  length,  makeing  vp  accounts  the  com- 
panny  were  fownd  his  debto'"s,  and  hee  was  ordred  to  pay  it, 
then  John  Charls  said,  you  oweing  mee  already  20'  or  30', 
pray  let  me  have  it  altogether  when  I  shall  goe  for  England, 
&  I  promised  to  pay  it  him  in  beaver  or  by  a  bill  of  exchange 
to  Mr.  Eldred.  And  in  September  or  October  last  Jn°  Charles 
came  to  Mr.  Evance  &  told  him  he  would  then  for  England, 


1646]  NEW   HAVEN  COLONY  RECORDS.  299 

SO  that  till  then  iioe  momiey  was  due  so  as  to  call  foj?  damadge 
vpon  nonpayment. 

In  September  Mr.  Evance  sending  to  John  Charles  by  Mr. 
Dymocke  to  keepe  that  coat  beau''  in  his  hands  w^h  he  had, 
for  his  purpose  was  it  should  goe  with  him  to  England.  But 
John  Charles  afterwartl  hearing  that  Ralph  Worry  had  some 
coatc  beauer  of  Mr.  Evance,  he  thought  that  was  it,  but  it  was 
some  other  as  appeared  by  W"i  Andrewes  oath,  servant  to  Mr. 
Jn°  Evance,  w^h  was  as  followeth, 

That  Wm  Andrewes  maketh  oath  that  Ijy  the  order  of  his 
m''  Mr.  Jno  Evance  he,  the  said  William  Andrewes,  packed  vp 
107 lb  of  coate  beaver  &  one  otter  skine  in  a  cask,  w^h  he 
received  of  the  Dutchmen  for  the  vse  of  his  m''  Mr.  John 
Evance,  wh  was  directed  to  Mr.  Lacke  of  Boston  to  be  sent 
to  Mr.  Eldred  of  London,  out  of  w^h  he  was  innordred  to  pay 
Goodm"  Charles  his  bill  of  exchange.  Mr.  Evance  informed 
the  court  that  he  paid  Mr.  Woory  w*h  beau''  that  he  received 
from  the  fort  of  D'Aurange.  Leiut.  Joseph  Godfrey  informed 
the  court  that  he  heard  Mr.  Evance  give  order  to  W^  And- 
rewes, and  also  the  promise  that  passed  to  John  Charles. 

Mr,  Evance  said  he  dealt  faithfully  w4i  John  Charles,  for 
he  intended  to  have  sent  it  by  way  of  the  Bay,  hearing  he 
went  that  way,  til  afterw''d,  w^h  made  him  take  that  care. 
Although  he  seetli  himselfe  short  in  that  he  gave  not  due 
notice  thereof,  seing  he  might  have  gonne  ^  the  way  of  the 
Rivers  mouth. 

Jn°  Charles  said  this  was  all  he  had  to  say  for  damadge,  if  it 
did  amount  to  anything  or  noe.  Bro.  Mosse  required  of  Mr. 
Evance  a  reason  whj  he  demanded  execution  so  suddenly,  he 
answered,  because  of  Jn^  Charles  speedy  purpose  to  dept. 

Thomas  Newton  of  Fairfeild  maketh  oath,  that  John 
Charles,  being  at  Mr.  Pells  howse,  affirmed  that  Jn"  Evance, 
for  the  goodwill  of  the  said  John  Charles  in  len[ding]  him 
coate  beau"^  for  some  time,  for  w^h  the  said  John  Evance  had 
promised  him  a  bill  of  exchange,  liee  had  mearly  cheated  h™. 

Joseph  Alsop  of  Newhaven  affirmed  tliat  he  had  sayled  for 
John  Evance  two  years,  &  it  was  longe  erre  he  could  get  him 


300  NEW   HAVEN   COLONY  RECORDS.  [1646 

to  accS  &  that  being  come  to  accompt,  &  lie  was  to  have  his 
monny,  he  sd  hee  was  mearly  cheated  by  him  as  at  last. 
[179]  l|Leiut.  Seely  witnessed  that  before  the  court  John 
Charles  said  that  there  was  noe  more  mercy  in  Mr.  Evance 
then  a  dogg,  &  when  he  had  any  advantadge  he  would  vse  it, 
and  that  thus  he  spake  at  Phillip  Leeks. 

John  Charles  acknowledged  the  grownd  of  all  these  words 
was  the  boate. 

The  centence  of  the  court  was,  that  seing  this  way  of  slan- 
dereing  not  only  reached  to  the  defaming  Mr.  Evance,  but  the 
wounding  him  in  his  credit  &  faithfulnesse,  Av^h  is  to  vndoe 
him  so  fare  as  lay  in  his  power,  he  was  fyned  50"^  to  Mr.  Evance. 


At  a  Court  held  March  the  2^  1646. 

John  Sackett  demanded  a  debt  dew  from  Stephen  Medcalfe 
of  18^ 

W'"  Fancy  informed  the  court  that  Stephen  Medcalfe  said 
vnto  Jn°  Sackett  in  his  hearing  that  he  had  forgott  to  reckon 
the  15^  he  owed  him,  W^h  he  said  he  would  pay  him  the  said 
John  before  he  went,  of  w^h  he  was  ready  to  make  oath. 

Bro :  Myles  &  bro.  Whitnell  are  desired  to  view  Stephens 
howse  &  judge  what  it  is  worth  ¥  weeke. 

W'n  Illes  his  inventory*  was  presented  to  the  court,  where- 
vpon  the  Go'"  propownded  that  Ric^^  Beech  give  in  securyty  to 
the  content  of  this  court,  or  els  pay  into  the  treasurers  hands 
the  vallew  of  the  inventory.  Bro.  Anthony  Thompson  and 
bro.  Clarke  are  desired  to  view  the  land  Ric^  Beech  presents 
for  securyty  at  home.     Also  ordredthat  the  secretary  wright  a 

*"An  inventory  of  Willm.  lies  his  goods  with  the  prizes." 

Sum  £9. 19.  10.    prized  by  John  Clarke,  Antho:  Tompson. 

Wm.  lies  Dr.  To  Mrs  Shearman  £0.  10.  to  Goodman  Charles  £0.  10.  3.  to  Good- 
man Ives  £0.  10.  to  Goodman  Pecke  £0.  0.  6.  to  Goodman  Larramore  £0.  0.  3.  to 
Peter  Mallorie  £0.  6.  to  Rich  Booth  £0.  4.  to  Serjeant  Andrewes  £0.  0.  7.  to  Wm. 
Bassett  £0.  0.  6. 

Wm  lies  Creditor.  For  work  done  at  mill  £2.  7.  from  Mr.  Godfrey  £2.  1.  from 
Goodman  Heards  £0.  15.  from  Mr.  Mullyner  £1.  1.  6.  from  Arthur  Halbidge  £0.  0. 
10.  from  Wm  Peck  £0.  1.  10.  for  9^  which  was  in  a  purse  of  wompm  brought  from  the 
trading  house  £0.  9.  from  Isaac  Beecher  £0.  2.  from  John  Mosse  £0.  0.  6.  for  a  howe 
valued  by  Roger  Allen  £0.  2.  6. 


1646]  NEW   HAVEN   COLONY   RECOEDS.  301 

letter  to  the  towne  where  W'"  lies  lyved,  vnto  his  brother,  and 
that  Richard  Beech  should  bring  into  the  court  what  chardges 
he  hath  bin  at  in  gathering  the  inventory. 

Thomas  Yale  hath  sold  vnto  Robert  Johnson  62  acr.  of 
vpland  in  the  2^  devizion,  15  acr  h  of  meddow,  &  5  acr.  |  in 
2  pcells,  w^"]!  is  I  of  the  first  devizion  of  David  Yale,  &  3  acr. 
h  in  ye  neck. 

It  was  ordred  that  the  proportions  of  John  Meggs,  John 
Gregory  and  Robert  Preston  be  setled  vpon  them  severally, 
they  buying  the  proportions  of  300'  from  Mr.  Evance. 

Samuel  Hodkejs  was  called  before  the  court  for  theft. 

Sarah  Rutherford  informed  the  court  that  Samuell  Hodkejs 
had  taken  from  her  20^^  of  lead  w^h  he  had  brought  agayne. 
But  she  haveing  promised  some  lead  looked  for  it  &  fownd  it 
wanteing,  wondred  at  it  what  was  become  of  it.  xVt  length 
Goodman  Walker  had  some  suspition  of  Samuell  Hodkeyes,  & 
speakeing  vnto  one  of  it,  he  telling  Sam.  Hodkeys  of  it,  he 
then  layd  itw'h  Edw  :  Preston  &  W'"  White,  &  said  he  had  it  of 
them,  informing  that  vpon  the  ships  coming  back  unexpect- 
edly &  these  yong  men  in  her,  they  were  called  load  mar- 
chants,  &  so  he  slandred  them. 

But  now  he  acknowledge tli  his  sinne,  &  he  judge th  in 
h'nselfe  that  the  court  cannot  passe  too  heavy  a  centence  vpon 
him,  for  he  had  sinned  against  his  light  &  conscience,  and 
confesseth  he  hath  formerly  bin  given  to  this  way  of  theft. 
It  is  now  the  greife  of  his  hart  that  he  cannot  bee  suffitiently 
affected  w^h  it.  And  further  acquaynted  the  court  that  the 
axe  he  formerly  tooke  from  Mr.  Evances  gate,  he  did  in  his 
conscience  feare  now  it  was  his,  although  then  hee  w^hstood  it. 

The  centence  of  the  court  was  that  Samuell  Hodkejs  make 
double  restitution,  and  that  for  his  slanders  &  lyes  that  hee  be 
whipped  publicquely,  and  that  he  pay  the  chardgs  of  the  court. 


302        new  haven  colony  kecokds.       [1646 

[180]  At  a  Generall  Court  held  the  10'*'  of  March, 

1646. 

The  names  of  people  as  they  were  seated  in  the  meeting- 
howse  were  read  in  court  &  it  was  ordred  they  should  be  re- 
corded, w^li  was  as  folio weth, 

First  for  the  mens  seats,  viz'*. 
The  midle  seates  have  to  sit  in  them, 

1  Seate,  the  Governour  and  Deputye  Govenio''. 

2  Seate,  Mr.  Malbon,  Magistrate. 

3  Seate,  Mr.  Evance,  Mr.  Bracey,  Mr.  Fra:  Newman,  Mr. 
Gibbard. 

4  Seate,  Goodm"  Wiggiesworth,  Bro.  Atwatter,  Bro.  Seely, 
Bro.  Myles. 

5  Seate,  Bro.  Craine,  Bro.  Gibbs,  Mr.  Caffinch,  Mr.  Linge, 
Bro.  Andrewes.  ^ 

6  Seate,  Bro.  Davis,  Goodman  Osborne,  Antho:  Thompson, 
Mr.  Browning,  Mr.  Kothi^ford,  Mr.  Higginson. 

7  Seate,  Bro.  Camfeild,  Mr.  James,  Bro.  Benham,  W'" 
Thompson,  Bro.  LindoU,  Bro.  Martin. 

8  Seate,  Jn"  Meggs,  Jn"  Cooper,  Peter  Browne,  W'"  Peck, 
Jn"  Gregory,  Nic^^  Elsie. 

9  Seate,  Edw.  Banister,  John  Herryman,  Benja :  Wilmott, 
Jarvis  Boykin,  Arthur  Holbridge. 

In  the  crosse  seats  at  the  end. 

1  Seate,  Mr.  Pell,  Mr.  Tutle,  Bro.  Fowler. 

2  Seate,  Tho™  Nash,  Mr.  AUerton,  Bro.  Pery. 

3  Seate,  Jn^  Nash,  David  Atwater,  Tho™  Yale. 

4  Seate,  Robert  Johnson,  Tho""  Jeffery,  John  Punderson. 

5  Seate,  Tho'"  Munson,  Jn°  Leavermore,  Rog''  All",  Jos: 
Nash,  Sam  Whithead,  Tho'"  James. 

In  the  other  litle  seate,  John  Clarke,  Marke  Peirce. 
In  the  seates  on  the  side  for  men. 

1.  Jeremy  Whitnell,  W'"  Preston,  Tho™  Kimberley,  Tho'" 
Powell. 

2.  Daniell  Paul,  Ric*»  Beckly,  Richard  Mansfeild,  James 
Russell. 


1646]  NEW   HAVEN   COLONY   RECORDS.  303 

3.  W'"  Potter,  Tho'"  Lampson,  Christopher  Todd,  Will"^ 
Ives. 

4.  Hen.  Glover,  W"'  Tharpe,  Mathias  Hitchcocke,  Andrew 
Loe. 

On  the  other  side  of  the  dore. 

1.  John  Mosse,   Lucke  Atkinson,  Jn°  Thomas,  Abraham 
Bell. 

2.  George  Smith,  John  Wackfeild,  Edw.  Pattison,  Richard 
Beech. 

3.  John  Basset,  Timothj  Ford,  Tho'"  Knowles,  Robert 
Preston. 

4.  Rich  Osborne,  Robert  Hill,  Jn"  Wilford,  Henry  Gibbons. 

5.  Francis  Browne,  Adam  Nicholes,  Goodman  Leeke,  Good- 
man Daighton. 

6.  Wm  Gibbons,  John  Vincent,  Thomas  Wheeler,  John 
Brockett. 

Secondly  for  the  weomens  seates.     In  the  midle, 

1  Seate,  Old  Mrs.  Eaton.* 

2  Seate,  Mrs.  Malbon,  Mrs.  Grigson,  Mrs.  Davenport,  Mrs. 
Hooke. 

3  Seate,  Elder  Newmans  wife,  Mrs.  Lamberton,  Mrs.  Turner, 
Mrs.  Brewster. 

4  Seate,  Sister  Wackman,  Sister  Gibbard,  Sister  Gilbert, 
Sister  Myles. 

5  Seate,  Mr.  Fr:  Newmans  wife,  Sister  Gibbs,  Sister 
Crayne,  Sister  Tuttil,  S.  Atwat^. 

6  Seate,  Sister  Seely,  Mrs.  Caffinch,  Mrs.  Pery,  S.  Davis,  S. 
Cheevs,  Jn^  Nash's  wife. 

7  Seate,  David  Atwafs  wife,  S.  Clarke,  Mrs.  Yale,  S. 
Osborne,  Sister  Thompson. 

8  Seate,  S.  Wigglesworth,  Goody  Johnson,  G.  Camfeild,  S. 
Pond^son,  G.  Meggs,  S.  Gregory. 

9  Seate,  Sister  Todd,  S.  Boykin,  W'"  Pott's  wife,  Mathias 
Hitchcoks-wife,  Sister  Cooper. 

*  The  following  passage,  from  Lecbfords  Plaine  dealing,  explains  why  no  seat  is 
assigned  for  Mrs.  Eaton,  the  Governor's  wife.  "  At  Neiv-haven,  alias  Quinapeag,  where 
Master  Davenport  is  Pastor,  the  excommnnicate  is  held  out  of  the  meeting,  at  tlie 
doore,  if  he  will  heare."  Mass.  Hist.  Coll.  3d  series,  iii.  73.  Reference  has  already- 
been  made  to  Mx's.  Eaton's  excomraimication. 


304  NEW  HAVEN  COLONY  EECORDS.  [1646 

In  the  crosse  seats  at  the  end. 

1.  Mrs.  Bracey,  Mrs.  Evance. 

2.  Sister  Fowler,  Sister  Ling,  Sister  AUerton. 

3.  Sister  Jeffery,  Sister  Rotherford,  Sister  Leavermore. 

4.  Sister  Preston,  Sister  Benham,  Sister  Mansfeild. 

5.  S:  Allen,  G:  Banister,  S.  Kimberley,  G.  Wilmott,  Sister 
Whitnell,  Mrs.  Higinson. 

In  the  litle  crosse  seate. 
Sister  Potter  y^  midwife,  and  old  Sister  Nash. 
[181]     II  In  the  seates  on  the  sides. 

1  Seate,  Sister  Powell,  Goodye  Lindoll,  Mrs.  James. 

2  Seate,  Sister  Whithead,  Sister  Munson,   Sister  Beckly, 
Sister  Martin. 

3  Seate,  Sister  Pecke,  Joseph  Nash  his  wife,  Peter  Brownes 
wife,  Sister  Russell. 

4  Seate,  Sister  lues.  Sister  Bassett,  Sister  Pattizon,  Sister 
Elsie. 

In  the  seates  on  the  other  side  the  dore. 

1  Seate,  Jn"  Thomas  his  wife,   Goody  Knowles,   Goody 
Beech,  Goody  Hull. 

2  Seate,  Sister  Wackfeild,  Sister  Smith,  Goody  Mosse,  James 
Clarks  wife. 

3  Seate,  Sister  Brockett,  Sister  Hill,  Sister  Clarke,  Goody 
Ford. 

4  Seat,  Goody  Osborne,  Goody  Wheeler,    Sister   Nichols, 
Sister  Browne. 


Brother  Andrewes,  bro.  Munson  &  Goodman  Basset  were 
desired  to  view  the  posts  of  the  mceting-howse,  &  to  see  if  the 
girts  fly  not  out  &  to  doe  whats  necessary  for  the  preservation 
of  the  whole,  lest  insensibly  they  should  decay. 

Mr.  Evance  had  liberty  to  depart  the  court. 

Richard  Pery  secretarie  had  liberty  to  goe  a  voiadge  for  the 
comfort  of  his  famylye,  and  Mr.  Francis  Newman  was  dissired 
&*  declared  himselfe  willing  to  attend  the  service  in  his  ab- 
sence. 

*  These    words  [was  dissired  &]  interlined  by  Mr.  Newman. 


1646]  NEW   HAVEN   COLONY   RECORDS.  305 

It  was  ordred  that  the  former  men  chosen  to  view  Goodman 
Wihuotts  land  should  set  a  rate  vpon  it,  that  so  the  towne  may 
be  paid  Thomas  Fugills  fine. 

Mr.  Malbon  informed  the  court  that  himselfe  &  those  chose 
w'li  him  to  view  the  land  that  bro :  Andrewes,  bro.  Cooper  & 
Serjt  Beckly  desired  onn  the  east  side,  &  thought  it  might  be 
noe  way  prejuditiall  to  the  towne,  wherevpon  it  was  ordred 
that  a  survey  be  taken  of  the  quantytye  of  the  land. 

Brother  Crayne,  brother  Myles  and  Leiutenant  ?!eely  were 
deputed  to  view  a  cart-way  betweene  Milford  and  Newhaven, 
and  to  make  report  to  the  court  how  they  find  it. 

It  was  ordred  that  ^  "^  a  head  be  layd  on  the  cattle 
(imedyatly,  but  finally  on  the  fences  that  are  defective,) 
brought  to  the  pownd,  report  being  made  of  some  fences  that 
are  downe.  It  was  also  ordered  that  the  fences  be  viewed 
after  stormes,  and  that  the  viewers  be  paid  for  their  paynes 
therein  by  those  whose  fences  are  defective. 

It  was  ordred  that  the  view  be  made  euery  last  whole  weeke 
in  euery  month  by  the  viewers  of  the  fences,  that  so  defects 
may  be  returned  to  the  next  court,  w^h  may  be  a  means  to 
prevent  damadge. 

It  was  ordred  that  every  cow-keep  burne  his  owne  walk  & 
that  he  be  paid  by  them  whose  heard  he  tendeth. 

Whereas  there  hath  bin  a  question  about  a  highway  to  those 
lotts  at  the  Oysterpoynt,  it  is  ordred  that  Mr.  John  Wackman 
&  bro.  Anthony  Thompson  shall  issue  it  by  order  of  this  court 
and  consent  of  the  qui'ter. 

It  was  ordred  that  noe  man  put  any  cattle  in  the  Necke  be- 
fore May  day.  And  if  any  be  fownd  there,  they  are  pownda- 
ble,  &  that  noe  man  drive  his  cattle  any  other  way  then  as  his 
land  lyeth  in  the  towne,  eastward  or  els  northward. 

Brother  Wackman,  brother  Myles  and  brother  Davis  vpon 
request  of  bro :  Mitchell  were  to  view  some  land  desired  by 
him  at  the  playnes. 


39 


306  new  haven  colony  records.  [1647 

[182]     At  a  Court  held  at  Newhaven  this  sixt  of  Aprill, 

1647.       . 

Thomas  Nash  informed  the  court  that  there  is  some  fence 
downs  in  that  quarter  w<=h  they  call  Mr.  Malbons  quarter  that 
they  find  noe  owner  for,  therfore  the  court  ordred  that  the 
owners  of  the  land  w'hin  that  quarter  shall  meete  vpon  the 
fift  day  of  this  weeke,  at  4  a  clocke  in  the  afternoone  to  setle 
the  fenceinge  vpon  the  partyes  it  properly  belongeth  to.  And 
for  euery  partye  that  fayles  to  meete  according  to  this  order, 
they  haveing  lawfull  warninge,  shall  pay  12'^. 

James  Heywood  was  called  forth  to  answere  for  the  sinne  of 
drunkennesse,  the  chardge  against  him  standing  thus,  that 
being  called  to  went  aboard  a  Dutchmans  vessell,  and  did 
there  drinke  stronge  watters  in  such  excesse  that  he  made 
himselfe  drunk  by  it,  so  as  that  he  had  not  the  vse  of  his  rea- 
son, nor  of  his  tongue,  hands  or  feete ;  so  that  there  is  all  the 
caracters  of  a  drunken  man,  as  was  most  fully  proved  when  he 
was  cast  out  of  the  church.  The  Governour  further  declared 
to  him  how  greatly  his  sinne  was  agravated  w'h  manny  cir- 
cumstances, but  espetially  that  he,  being  a  member  of  the 
church  wUi  whom  the  Lord  had  dealt  so  kindly  with,  and  he 
so  to  requite  the  Lord  was  a  sinfull  foolish  thinge,  oli  foolish 
people  &  vnwise,  doe  you  thus  requite  the  Lord. 

He  haveing  liberty  to  speake  for  himselfe  answered,  I  owne 
my  sinne  and  take  the  shame,  and  doe  confesse  the  name  of 
God  hath  bin  dishonered  and  blaspheamed  through  mee,  for 
my  sinne  hath  manny  circumstances  Av^h  maks  it  greivious, 
for  w^h  the  hand  of  the  Lord  is  justly  out  against  mee,  so  that 
I  have  nothing  to  say,  but  doe  justifie  the  proceedings  of  the 
court  in  what  God  shall  gu.ide  their  harts  to. 

This  answere  Ijeing  given,  the  Governour  opened  the  case 
thus,  Drunkenesse  is  among  the  fruits  of  the  flesh,  both  to  be 
witnessed  against,  both  in  the  church  and  civill  court,  and  its 
a  brutish  sinne,  and  so  to  be  witnessed  against.  A  whip  for 
the  horse,  a  bridle  for  the  asse,  &  a  rodd  for  the  fooles  backe,  & 
his  sinne  is  more  heynous  as  he  was  a  member  of  the  church. 
But  it  hath  not  bin  brought  to  mee  that  this  man  hath  bin 


1647]  '  NEW   HAVEN   COLONY   RECORDS.  307 

given  to  drunkeniiesse,  nor  is  it  fownd  that  it  was  an  appoynt- 
ed  meetings  for  drinking,  bnt  he  being  called,  drank  an  ex- 
cessive qnantitye  W^h  caused  these  efects.  I  leave  it  therfore 
to  the  courts  judgement  whether  they  shall  find  it  a  dispositio 
to  drunkennesse  or  an  act  onlye. 

The  court  considering  what  had  bin  said,  thought  it  not  a 
disposition  to  drunkennesse  in  him,  nor  a  match  appoynted  for 
drinking,  therfore  thought  not  to  punish  it  w'h  corporall  pun- 
ishement,  but  by  a  fine.  Therfore  the  centence  of  the  court 
was,  that  James  Heywood  pay  livety  shillings  to  the  towne  for 
this  act  of  drunken  esse. 

An  atatchm*^  being  layd  vpon  the  goods  of  Mrs.  Stallion  by 
Richard  Piatt  of  Milford  for  a  debt  of  57%  it  was  ordered,  that 
Mr.  Goodyeare  &  Mr.  Newman,  who  were  intrusted  by  Mrs. 
Stallion  w^h  her  estate,  doe  pay  doe  pay  the  aforesaid  Ricf* 
Piatt  the  57^  w^h  is  due  to  him  for  rent  of  the  howse  w^h 
Mrs.  Stallion  did  live  in,  &  the  said  Ric''  Piatt  doth  promise, 
that  for  any  thing  done  to  the  howse  by  Mrs.  Stallion,  when 
the  covenant  is  out  he  shall  stand  vnto  such  just  considera- 
tions as  is  fitt. 


At  a  Court  held  at  Newhaven  the  4^1  May,  1647. 

An  entry  of  5  acr.  ^,12  rodd  of  land  lyeing  on  the  west  side 
abutting  eastAvard  vpon  a  highway  by  the  west  meddow,  west- 
ward vpon  the  second  devizion  of  land  on  the  west  side, 
allyenated  from  Richard  Beech  to  Anthony  Thompson. 

Richard  Myles  &  Jeremy  Whitnell  haveing  bin  apoynted  to 
view  Stephen  Medcalfes  howse,  returned  to  the  court  that  the 
fence  stands,  and  John  Sackett  hath  put  vp  some  pales  &  spent 
some  nayles ;  the  said  John  gave  in  a  noate  to  the  court,  of 
chardges  w<^li  had  bin  spent  about  the  howse,  to  the  vallew  of 
about  17^  S^,  &  what  the  howse  &  lott  was  worth  by  the  yeare 
to  defray  this  chardge,  or  what  it  is  worth  to  be  sold,  was 
reff'erred  to  Richard  Myles  &  Anthony  Thompson,  and  to  take 
in  the  helpe  of  some  workmen  with  them. 
[183]     II  Brother  Leavermore  desired  his  fine  w^h  he  was 


308  NEW  HAVEN  COLONY  RECORDS.  [1647 

fined  for  contempt  of  the  court  miglit  be  remitted,  but  it  was 
respitted. 

Brother  Leavermore  is  also  charged  wUi  late  comming  w^h 
his  armes  one  Lords  day,  but  because  the  serjeant  was  not 
there  w^'h  accused  him  it  was  respitted. 

Eichard  Snioolt,  servant  to  Mrs.  Turner,  was  chardged  by 
his  Mrs.  for  sundry  grosse  miscariadges,  as  for  scoffing  at  the 
word  of  God  w^h  was  preached  by  Mr.  Cheevers,  for  other 
rebellious  carriadges  in  the  famylye,  as  when  his  mistrisse  sent 
him  for  any  necessaryes  he  hath  thow"  part  of  it  into  the  fire, 
&  part  into  the  watter,  &  said  it  should  never  doe  here  more 
good.  When  he  hath  asked  for  a  pott  in  the  howse,  &  it  was 
told  him  his  Mrs.  had  it,  he  bid  the  Divell  goe  with  it,  and 
when  his  Mrs.  came  to  correct  him  for  a  lye,  he  turned  againe 
and  did  wringe  her  by  the  arme  &  if  the  other  servant  had  not 
taken  him  of,  it  was  tliought  he  would  have  beaten  her.  He 
asked  her  daughter  Rebecca  if  she  were  not  w'h  child  and 
therin  slaundered  her,  he  haveing  noe  grownd  soe  to  doe. 
These  things  being  cleared  to  the  court  by  witnesse  and  his 
owne  confession,  besids  other  miscarriadges  charged  vpon 
him,  the  centence  of  the  court  was  that  he  should  bee  seuearly 
whipped. 

Edward  Banister  complayneth  that  Tho"^  Osborne  being 
cow-keeper  for  the  cowes  on  their  side,  and  his  among  the 
rest,  did  one  day  loose  one  of  his  cowes  neglegently  by  leave- 
inge  her  in  the  feild  swamped,  and  saith  that  the  said  Tho™ 
kept  in  howse  that  day  to  keepe  himselfe  drye  because  it  did 
rayne  &  saith  Mr.  Hooks  man  can  say  something  to  it. 

Mr.  Hooks  man  sath  that  he  mett  wt^h  Nathanjell  Seely  as 
he  came  home,  who  kept  cowes  wUi  Tho"^'  Osborne  that  day, 
&  told  him  that  it  was  a  wett  day  to  keepe  cowes  in.  I,  saith 
hee,  but  I  was  the  most  part  of  the  day  in  a  wigwam  or  some 
shelter. 

Tho™  Osborne,  answered  for  hn^selfe,  that  day  he  kept  the 
cowes  &  Nathanjell  Seely  with  him,  and  carfully  turned  the 
cattle  from  the  swamps,  &  when  they  were  to  come  home,  Na- 
thaniell  Seely  he  sent  throughout  the  playnes  wUi  the  cattle 
&  went  to  search  the  swamps  himselfe,  least  any  cattle  should 


1647]  NEW   HAVEN   COLONY  RECORDS.  -309 

be  there,  but  fownd  none,  and  thought  there  had  not  bin  a  cow 
behind,  but  at  night  Goodman  Banister  demaunded  his  cow,  & 
he  would  have  gon  that  night  thougli  it  rayned  to  seeke  her, 
but  they  agreed  to  goe  in  the  morning  &  did  so,  but  fownd  her 
not.  It  was  demanded  of  Nathaniell  Seely  how  long  they 
were  in  the  howse,  he  answered,  not  aboue  f  of  an  liower. 
And  Tho'"  Osborne  said  the  day  was  exceeding  wett  &  they 
went  in  there  to  shelter  themselues  a  litle,  the  cowes  being 
hard  by  the  howse,  &  staid  not,  &  for  what  shelter  els  they 
had  vnder  some  bowing  or  hollow  tree.  The  next  day  after 
they  went  againe  to  seek  her,  and  Georg  Smith  and  Ric^i 
Osborne  went  with  them.  George  Smith  said  they  went 
downe  that  swamp  where  afterward  the  cow  was  fownd  and  on 
that  side  of  the  swampe,  but  saw  noe  cow  but  a  black  thing  in 
the  swampe  W^h  they  tooke  for  a  stumpe  of  a  ti'ee,  yet  they 
sought  dilligentlye  as  if  the  cow  had  bin  their  owne. 

Richard  Osborne  said  they  went  rownd  the  swampe  as  well 
as  wee  were  able,  we  searched  &  went  through  tlie  swampe 
twise,  and  if  it  had  bin  my  owne  cow  I  could  have  looked  noe 
otherwayes,  &  for  my  part  if  it  had  not  bin  a  thing  hidd,  I 
cannot  tell  how  wee  could  misse  her. 

The  court  considring  things  as  they  have  bin  held  forth  by  the 
severall  witnesses,  doe  not  see  grownd  to  charge  Thomas  Os- 
borne w^h  any  grosse  neglect  in  this  matter,  either  in  looseing 
first  the  cow,  or  after  in  seekeing  her  vpp.  Therfore  the  cen- 
tence  of  the  court  was,  that  Thomas  Osborne  be  freed  from 
the  losse,  &  Goodm"  Banister  must  beare  it  as  an  afflicting 
providence  of  God  cast  vpon  him. 

John  Bishopp,  serv^  to  Mr.  Allerton,  was  complayned  of  for 
want  of  armes,  &  though  hee  made  sundry  apologies,  yet  the 
court  saw  cause  to  fine  h'",  but  because  his  M^  is  much  absent 
&  yt  it  did  also  appeare  y'  whn  his  M""  heard  of  it  he  tooke 
care  to  pvide,  y^  court  did  inclyne  to  favour  &  did  abate  halfe 
of  the  fine  for  want  of  armes,  so  yt  the  fine    to    be    paid* 

[  ] 

[184]      II W'"  Payne  for  neglectinge  to  bring  his  armes  one 

lecture  day,  was  fined  6'^. 

*  Half  a  line  worn  away. 


310  NEW  HAVEN   COLONY  RECORDS.  [1647 

Further  W"  Payne  was  complayned  off  for  not  comminge 
time  enough  one  Lords  day  morning  &  eveniuge,  but  seing  it 
appeared  he  was  very  neare  before  the  drume  had  don  beating, 
and  consideringe  the  distance  at  w^h  he  lives  &  he  saith  he 
could  not  heare  the  first  dru,  the  court  saw  cause  to  moderate 
the  fine,  &  was  fined  for  both  but  l**. 

Roger  Knapp  was  complayned  of  for  not  bringing  his  armes 
one  Lords  day,  &  for  not  coming  to  the  squadron  meeteinge, 
but  being  absent  it  was  respited. 

W°^  Gibbons  was  complayned  of  for  late  comminge  one 
Lords  day,  but  it  apearing  he  was  not  well,  nor  in  case  to 
come,  it  was  passed  by. 

Mr.  Cafiinch  was  complayned  of  for  late  comming  one  Lords 
day,  but  respitted. 

John  Lawrenson  was  complayned  of  for  late  comminge  2 
Lords  dayes  <fc  one  night  to  watch,  but  respited. 

Rich :  Beech  propownded  to  the  court  for  helpe,  Mr.  MuUy- 
ner  not  paying  to  h"'  what  the  court  ordred  h'"  to  pay  for  his 
coz",  "W"!  lies.  The  court  propownded  that  hee  vould  stay 
till  another  court,  w^h  he  inclyned  to  doe. 

Further,  whereas  Anthony  Thompson  &  John  Clarke  were 
to  view  some  land  of  Ric^  Beeches  for  securjtie  of  W™  lies 
his  estate,  they  thinke  the  land  is  not  securytye,  therfore  the 
court  gave  him  time  till  the  next  court  to  provide  sufficient 
securytye,  or  els  to  pay  it  into  the  treasurer. 


At  a  GenIi  Court  at  Newhaven  11^^  May  1647. 

The  Governo''  propownded  &  acquaynted  the  court  that 
those  that  were  apoynted  to  audite  the  treasurers  accompts  had 
done  it  &  fovnd  that  the  towne  was  indebt,  and  sundry  things 
were  to  be  paid  to  severall  men  &  the  treasurer  had  it  not  in 
hand  to  pay,  therfore  there  is  cause  for  a  new  rate  to  be  levyed, 
that  righteousnesse  may  be  attended.  After  much  debate,  it 
was  voted  that  one  halfe  years  rate  be  forthwith  paid  into  the 
treasurer,  ouer  &  aboue  the  yearly  rates  in  their  ordynary 
course. 


1647]  NEW   HAVEN   COLONY   RECOEDS.  311 

The  Governo»'  propownded  to  the  court  about  the  monney 
paid  for  imprisonements,  whether  it  should  wholly  goe  to  the 
mr shall  over  &  above  his  yearly  sallery,  and  it  was  voted  that 
it  should. 

It  was  propownded  by  Leiut.  Seely  that  the  planters  in  the 
towne  whose  mynds  were  industrious  that  way,  might  have 
libertye  to  set  vp  wares  to  catch  fish  for  the  releife  of  their 
famyljes  and  good  of  the  towne,  and  it  was  granted  they 
should,  provided  that  there  be  noe  stopping  of  lighters,  nor 
damming  vpp  of  rivers  or  harbour  to  bring  further  inconveyn- 
yence  to  the  towne,  &  that  they  be  not  p^'juditiall  to  the  wares 
the  Indians  have  already  set  vpp,  nor  shall  any  man  set  vp  any 
ware  to  the  hinderance  of  another  w<=h  is  already  set  vp 
before. 

Serjeant  Nash  propownded  whether  it  was  the  courts  mynd 
that  mi's  of  watches  should  be  freed  from  walking  the  rownds 
&  standing  sentinell  on  the  Lords  dayes,  but  after  some  debate, 
the  thing  was  respitted  till  another  court. 

W™  Preston,  who  was  intrusted  to  looke  to  the  shutting 
the  meeting-howse  dores,  was  desired  to  keep  them  constantly 
shutt,  &  that  they  be  opened  vpon  the  Lords  dayes  &  lecture 
dayes  before  the  first  drume  is  to  beate,  and  W™  Andrewes 
was  desired  so  to  repayre  &  order  the  dores  that  they  may  be 
opened  on  the  outside  when  vnlocked  &  vnbarred,  &  at  other 
times  to  shutt  fast  &  secure. 

Robert  Bassett  was  desired  to  beat  both  the  first  &  second 
drume,  vpon  Lords  dayes  and  lecture  dayes,  vpon  the  meeting- 
howse,  that  soe  those  who  live  farr  off  may  heare  them  the 
more  distinkly,  &  he  promised  so  to  doe. 

Capt.  Malbon  propownded  to  the  court,  that  seing  the  towne 
had  noe  culhs  for  the  trayne  band,  that  therfore  the  towne 
would  pay  for  part  of  them  or  wholly,  &  let  the  artillery  have 
the  vse  of  them,  &  the  drummer  might  be  paid  by  the  towne 
for  drumming  for  the  artillerie,  but  it  was  respitted. 
[185]  II  The  Governour  propownded  that  the  coUedge  corne 
might  be  forthwith  paid,  &  that  considering  the  worke  is  a  ser- 
vice to  Christ,  to  bring  vp  yonge  plants  for  his  service,  and 


312  NEW   HAVEN   COLONY  RECORDS.  [1647 

besides,  it  wilbe  a  reproach  that  it  shalbe  said  Newhaven  is 
falne  oif  from  this  service. 

It  was  propownded  that  they  w<=h  want  hay,  would  speake 
in  time  to  the  treasurer,  that  the  meddow  in  the  townes  hand 
may  be  disposed  off. 

It  was  propownded  that  seing  it  doth  apeare  that  botli  yonge 
cattle  &  hoggs  doe  goe  vpp  the  neck  way,  and  finding  the  gate 
shutt  doe  swime  over  &  doe  damadge,  whether  it  was  not  nec- 
essarie  therfore  that  a  fence  and  gate  be  made  crosse  the  way 
at  Mr.  Tutls  corner,  for  preventing  the  same,  &  it  was  voted, 
that  a  strong  fence  &  gate  be  made  &  kept  at  the  townes 
chardge. 

Brother  Andrewes  acquainted  the  court  that  he  is  now  goe- 
ing  to  fence  in  his  meddowe  in  the  necke  wherin  the  springs 
is,  that  therfore  the  towne  would  appoynt  some  to  view  what 
may  be  for  the  townes  conveyniency,  that  it  may  be  left  out  & 
he  have  allowance  for  it  elswhere,  &  bro :  Cooper  was  ap- 
poynted  to  doe  it. 

It  was  ordered  that  the  Necke  be  driven  this  afternoone  by 
bro :  Cooper,  and  what  cattle  are  fownd  more  then  belonginge 
to  them  who  have  given  in  their  names  &  quantitjes  of  land 
to  the  governo'',  shalbe  pownded  for  breach  of  order. 

The  Governo''  acquaynted  the  court  that  bro :  Andrewes 
had  bin  w4i  him  &  told  him  that  hee  thought  it  not  conveyn- 
ient  for  him  to  keepe  the  ordynary  any  longer,  then  August 
next  he  cannot  keepe  it ;  &  therefore  declares  it  now,  that  the 
towne  might  thinke  how  to  provide  for  another  to  doe  it. 

Bro.  Andrewes  &  Goodm"  Meggs  both  came  late  to  the 
court,  but  they  made  such  excuses  as  the  court  accepted,  & 
they  were  freed  from  the  fine. 

Henry  Morrall  &  bro.  Lampson  vpon  their  request  had  lib- 
erty to  dept  the  court. 

CajDtayne  Malbon  propownded  that  the  towne  had  bin  ill 
provided  of  Serjeants^  in  regard  that  Serjeant  Jefferys  is  abroad 
much  by  reason  of  lis  occassious  at  sea,  therfore  whether  the 
towne  will  not  see  cause  to  chuse  another  serjeant  in  his 
roome,  and  the  rather  seing  Serjt  Jeffreys  hath  earnestly 
desired  it,  as  Leiut.  Seely  &  Serj^  Munson  did  testifie  in  court. 


1647]  NEW    HAVEN    COLONY   RECORDS.  313 

The  captayne  also  affirmed  the  same  &  that  he  was  vnwilling 
to  move  for  a  change  till  that  now  he  vnderstandeth  Serjt  Jef- 
ferys  purposeth  to  imploy  himselfe  more  fully  in  sea  affayres. 
W^h  being  considered,  bro :  W"'  Fowler  was  chosen  serjt  for 
the  towne. 

Corporall  Leavermore  desired  the  court  that  he  might  be 
freed  from  tlie  place  of  a  corpH,  because  he  thought  his  neces- 
ary  occassions  would  call  him  to  goe  for  England,  his  desire 
was  granted  &  bro.  Joseph  Nash  was  chosen  corp'i  to  the 
towne  companny. 

Goodman  Wilmott  propownded  to  the  court  that  he  might 
have  the  24  acres  of  land  w^h  was  Tho'"  Fugils,  at  the  foote 
of  the  West  Rock,  granted  to  him  as  land  is  given  to  other 
planters  as  inheritance,  and  he  will  give  to  the  towne  3i  a 
yeare  till  the  20^  be  paid  for  the  fine  due  from  Tho>"  Fugill, 
Wh  fine  the  said  Thomas  ord'd  to  be  paid  out  of  this  lands ; 
and  the  said  Goodman  Wilmott  will  fence  it  at  his  chardge. 
After  much  debate  about  it,  the  court  saw  cause  to  grant  it  to 
Goodman  Wilmott  vpon  his  desire,  and  so  it  was  ordered.  But 
seing  it  did  appeare  in  court  that  the  said  Tho™  Fugill  had 
made  over  this  land  to  one  in  the  Bay  for  monny  he  owed,  & 
that  before  he  left  it  to  the  towne  for  their  fine,  therfore  it  is 
ordered,  that  if  any  one  come  &  lay  clayme  of  the  land  & 
recover  it,  that  then  what  rent  the  said  Goodm"  Wilmott  hath 
paid  to  the  towne,  they  shall  pay  back  agayne  to  h'". 
[186]  II  And  further  it  was  ordred  that  the  said  24  acres  of 
land  slialbe  soe  laid  out  as  Goodm"  Wilmotts  howse  shall  not 
stand  vpon  it,  but  neare  to  the  side  thereof,  for  the  more  con- 
veynient  improvement  of  the  said  land,  and  what  land  he  hath 
broken  vpp  without  the  24  acres,  he  is  to  have  the  vse  of  it 
for  this  yeare. 

It  is  ordered  that  the  measures  and  waights  of  greater  or 
lesser  quantity,  w^h  men  buy  &  sell  by,  shalbe  brought  into 
the  meeting  howse  to  be  tryed,  vpon  the  fift  day  come  seaventh 
night,  W^h  wilbe  the  27*''^  of  this  instant  month,  &  whosoever 
shall  faile  hereof  is  to  pay  12'^  fine  &  yet  to  fall  vnder  the 
gen'  courts  order  for  any  vnrighteousnesse. 
40 


314  NEW   HAVEN   COLONY  RECORDS.  [1647 

Viewers  chosen  for  the  severall  quarfs  for  this  yeare  ensew- 
inge. 

For  Mr.  Eaton  &  Mr.  Malbons  quarter,  Mr.  Francis  New- 
man &  Tho'n  Kimberly. 

For  Mr.  Newmans  &  Mr.  Brownings  qi'tr  :  Ric''  Becklye  and 
Andrew  Loe. 

For  Mr.  Evance  quarter,  John  Meggs  and  Thomas  Wheeler. 

For  Mr.  Wackmans  quarter,  Mr.  Wackman  &  Tho'"  Os- 
borne. 

For  Mr.  Grigsons  quarter,  Henry  Lindoll  and  Thomas 
Barnes,  but  Tho"!  Welch  is  to  satisfie  Tho'»  Barnes  for  his 
paynes,  or  els  to  pvide  another. 

For  Mr.  Lambertons  quarter,  Mr.  Jannes  and  W'"  Preston. 

For  the  suburbs  onn  both  sides  the  creeks,  Mathew  Cam- 
feild  &  Wm  Thompson. 

For  the  Oystershelfeild,  Francis  Browne  &  Mathew  Moul- 
thropp. 

For  the  playnes,  W'"  Davis  and  Adam  NichoUs. 

For  the  farmes  on  this  side  the  East  River,  Joshua  Atwat- 
ter  &  AV'"  Potter. 

It  was  ordered  by  the  consent  of  the  planters  of  Mr.  Wack- 
mans quarter  &  Mr.  Evance  qu'"ter,  that  Jasp  Crayne  and 
Francis  Newman  shall  consider  of  the  fence  in  difference 
betwixt  them,  &  so  end  it  if  it  may  bee,  if  not,  to  report  back 
to  the  court  againc.  They  are  also  to  consider  of  a  like  dif- 
ference betwixt  Mr.  Lambertons  quarter  and  the  suburbs. 

It  Was  propownded  whether  all  the  towne  but  magistrats  & 
church  officers  should  not  watch  and  trayne,  but  after  much 
debate  it  was  respited  vntill  another  court. 

W'n  Andrewes  propownded  that  himselfc,  Jno  Cooper  & 
Rich  Beckly  might  have  a  neck  of  land  lyeing  one  the  east 
side,  beyond  the  pine  river,  conteyning  113  acres,  which  was 
formerly  refferred  to  the  view  of  Mr.  Malbon  and  Mr.  Fran- 
cis Newman,  and  that  they  might  have  this  113  acres  instead 
of  -70  acres  w«=h  they  were  to  have  in  their  second  devizion  at 
flie  end  of  Mr.  Evance  quarter. 

The  court  considring  the  distance  of  this  land  from  the 
towne  &  the  difficultjes  w'^h  would  attend  the  improvement  of 


1647]  NEW   HAVEN   COLONY  RECOEDS.  315 

land  so  farr  off,  &  on  the  other  side  of  the  river,  granted  it  to 
them,  provided  that  a  place  be  left  next  the  great  river  and  a 
conveynient  way  to  it,  that  there  may  be  liberty  to  bring  any 
thing  to  or  from  the  land  beyond,  if  it  shall  come  to  bee  im- 
proved, and  further  it  is  agreed  y*^  they  shall  pay  rates  for 
their  70  acres  w'^h  was  there  first  prop  alottment,  the  43  acres 
added  being  rate  free.  The  bownds  &  lymitts  of  this  necke 
of  land  is  as  following,  viz^. 

[The  remainder  of  tins  page  isblauk.J 


[187]      At  a  Court  held  at  Newhaven  the  first  June 

1647. 

Tho'"  Kimberly  alyenated  one  acre  of  meddow  vnto  Fran- 
cis Browne,  w^h  meddow  lyeth  on  the  island  in  the  East 
River,  &  on  the  side  next  Mr.  Davenports  farme. 

Mr.  Caffinch  for  late  comminge  one  Lords  day  was  fined  1^ 

Ric'^  Osborne  haveing  in  a  gen^  conrt  chardged  the  watch- 
masters  of  this  towne  w*li  sleeping  all  the  night,  &,  said  he 
had  rather  watch  for  a  watchm'"  for  6^'  a  night  then  for  a 
watchm"  for  12''  a  night,  wh  expressions  were  to  the  great 
offence  of  the  watch-masters,  and  the  case  was  then  com- 
mended to  the  perticuler  court  to  consider  of  Ric'^  Osborns 
chardge,  by  the  gen'  court  then  mett.  The  Go''  informed 
Ric^i  Osborne  that  he  had,  by  his  rash  words,  layd  the  watch- 
masters  vnder  vnfaithfulnesse  in  their  trust. 

Ric^i  Osborne  said  in  his  defence,  that  his  answere  was  in 
the  gen^  court,  that  he  could  not  clearly  prove  they  slept  all 
the  night,  &  so  desired  to  fall  vnder  his  rash  words. 

Rich  Osborne  added  that  in  a  perticuler  his  witnesse  is 
absent  wherby  he  should  have  proved  a  iw  to  have  slept,  &  in 
answere  to  a  question  put  to  him  he  said,  liee  did  know  of  this 
case  before  he  spake  in  court,  w^h  was  Mathew  Camfeild,  who 
being  watchm'',  finding  fault  w^i  some  one  of  his  watchmen, 
said  he  would  not  burden  his  conscience  for  any  of  them,  but 
himselfe,  after  the  watch  was  set  forth,  fell  asleep,  and  then 


316  NEW   HAVEN   COLONY  RECOEDS.  [1647 

one  of  the  watchmen  said  to  him,  doe  you  not  burden  yo"^ 
conscience  w'h  that,  viz'i,  sleepinge. 

Againe  Richard  Osborne  comphxyned  of  Anthony  Thomp- 
son, that  the  last  night  hee  watched  he  fell  asleep  before  the 
watch  was  sett  forth,  &  he  spake  to  Georg  Smith  of  it,  &  he 
touched  him  w'h  his  sword  &  waked  him,  &  that  Luke  Atkin- 
son told  him,  alas,  poore  man,  he  was  asleepe.  Ric^  Osborne 
was  informed  this  was  not  his  way,  but  that  he  should  labour 
to  see  his  owne  evill  &  acknowledge  it,  and  not  indeavour  to 
lessen  his  evill  in  this  way  of  searching  out  somthing  to  hide 
his  sine,  as  this  of  Antho:  Thompson,  if  it  should  be  tru.e, 
would  prove,  espetially  it  being  don  since  the  last  generall 
court,  wherein  he  spake  so  slanderouslie  of  the  watchmasters. 

The  centence  of  the  court  was,  that  Ric^  Osborne  should 
pay  40^  fine  to  the  towne,  for  his  slanderous  reproach  layd  on 
the  watchmasters,  wh  he  was  not  able  to  make  out  or  prove, 
and  also  that  in  a  generall  court  he  make  a  full  acknowl- 
edgemt  of  his  sinne. 

Ric'i  Osborne  complayned  of  Antho.  Thompson,  that  the  last 
time  he  did  watch  he  fell  asleep  before  the  watch  was  sett  forth, 
and  that  he  did  speake  to  Geo.  Smith  of  it  &  then  he,  the 
said  George  Smith,  did  touch  him  wUi  his  sword  to  wake  him. 
Also  he  saith  Luke  Atkinson  told  h'",  as  they  walked  the 
rownds  together,  alas,  poore  man,  he  was  asleepe,  &  his  hat 
did  lye  vpon  the  grownd. 

Luke  Atkinson  informed  the  court  that  Ric^  Osborne  poynt- 
ed  vnto  him  to  bee  an  eye  witnesse  of  the  thinge,  but  it  was 
before  the  watch  was  sett  he  thinks. 

Ric^  Osborne  herevpon  said  that  Luke  Atkinson  in  regard 
of  the  absence  of  one  watchm'^  (standing  somtime  sentinell  in 
his  behalfe)  standing  long  &  not  being  releived,  went  into  the 
fier  to  warme  him  &  fownd  him  asleepe,  &  that  after  he  had 
stood  sentinell  awhile  &  come  in,  Antho.  Thompson  desired 
him  to  stand  sentinell  againe,  W'h  shewed  he  had  bin  asleepe. 

The  Go""  asked  Ric^  Osborne  whether  he  could  prove  a  sleepe 
in  an  vndue  manner. 

Ric^  Osborne  answered  he  thought  he  might  take  oath  he 
was  asleepe  so  long  as  a  man  might  goe  from  the  watch-howse 


1647]  NEW   HAVEN   COLONY  RECORDS.  317 

to  the  meeting-howse,  although  neither  of  the  other  two 
chardge  him  w^h  it,  adding  he  had  told  Luke  Atkinson  that 
hee  was  disordi'ly  sleepinge.  But  Luk  Atkinson  saith  he 
remembreth  noe  such  thinge.  But  this  case  was  thus  left  w^h 
the  aprobation  of  the  court  &  Richard  Oslwrns  consent. 
[188]  II  Roger  Knapp  absent  from  squadron  trayning  y^  7*^ 
Aprill  &  late  vponthc  Lords  day  18^''  Aprill,  he  answered  that 
for  the  squadron  trayninge  he  had  forgott  it,  &  his  wife  being 
forth  he  stayed  with  the  children ;  &  for  that  Lordsday,  his 
wife  his  loife  had  bin  sicke  the  Lordsday  before,  &  she  desiring 
now  to  goe  to  meeting,  he  stayed  at  home.  He  was  fined  1^ 
towards  the  squadron  trayninge  neglect  &  the  other  was 
passed  by. 

John  Nash  hath  sold  his  second  devision  of  vpland  w'^h  he 
had  w^h  .Mr.  Mansfeilds  lott,  viz^  11  acres,  to  Mathew  Moul- 
thropp  &  11  acres  to  George  Smith. 

Peter  Browne  hath  sold  2  acres  32  rodd  of  meddow  to 
George  Smith  w'^h  is  all  the  pportion  of  meddow  in  the  west 
meddow,  &  5  acr.  \  of  vpland  lyeing  in  the  first  devision  of  the 
suburbs  quarter. 

'George  Smith  aljenats  1  acre  16  pole  of  the  forementioned 
meddow  vnto  Mathew  Moulthropp. 

Peter  Browne  hath  sold  all  his  land  in  the  Neck  to  Mr. 
Malbon. 

Geo:  Smith  hath  sold  all  his  land  in  the  Necke  to  Mr. 
Malbon. 

Vincent  Meggs  was  complayned  off  for  not  bringing  his 
armes  one  shewing  day  and  was  late  one  Lords  day,  &  was 
fined  6s. 

John  Lawrenson  complayned  off  for  comminge  late  to  watch 
one  night,  for  cominge  late  2  Lords  days.  Mr.  Malbon  an- 
swered for  h'"  &  said  that  one  Lords  day  the  cattle  brake  out 
of  y<=  yard  &  he  followeing  them  to  prevent  damadge,  because 
it  was  in  the  spring  &  then  cattle  were  apt  to  be  swampt,  but 
he  came  &  mett  y"  that  walked  the  rownds  in  the  m^'ket  place, 
and  at  another  time  fell  asleepe  &  outslept  himselfe,  fined  for 
2  defects,  2^ 

Thomas  Lampson  absent  from  one  squadron  trayninge,  lis 


318  NEW   HAVEN   COLONY  EECORDS.  [1647 

answere  was  that  it  fell  a  rayniiig  &  tliundring  when  he  was  at 
lott  &  he  thought  that  would  put  by  the  trayninge,  but  the 
comp^  exersised.     He  was  fined  2^  6^^. 

Jno  Leavermore  desired  that  his  fine  for  contempt  might  be 
taken  off,  but  the  court,  but  tf  court  as  yet  see  noe  reason  to 
move  y™  to  it. 

Samuell  Hodkejs  totally  absent  one  trayning  day  answered 
he  did  want  bread  &  went  to  mill ;  this  answer  not  satisfying 
the  court,  it  was  ordred  that  hee  pay  5%  the  fine  for  totall 
absence. 


At  a  Geni  Court  held  at  Newhaven  5  July,  1647. 

It  was  desired  that  as  men  had  formerly  ingadged  them- 
selues  to  contribut  a  portion  of  corne  to  the  coUedge,  that  the 
would  not  now  be  slacke  in  carrying  it  to  the  collecto'"s,  but 
that  w'liin  7  or  8  dayes  at  farthest,  these  that  are  behind 
would  pay,  for  its  a  service  to  Christ  &  may  yeald  pretious 
frut  to  ye  collonyes  herafter,  being  that  the  commission'"s  have 
taken  order  that  none  should  have  the  benifit  of  it  but  those 
that  shall  remayne  in  the  country  for  the  service  of  the  same, 
the  bringing  in  of  w^h  corne  was  ingadged  by  vote. 

It  was  now  remembred  that  form''  orders  were -made  for  the 
incouradgement  of  the  sheapheard,  but  lately  it  is  fownd  that 
vppon  some  speeches  that  he  hadd  mett  wt^hall  from  some, 
he  has  entertayned  thoughts  to  remove.  Therfore  it  was  de- 
sired that  things  might  be  so  considered  off,  that  the  sheepe 
with  himselfe  might  bee  kept  in  this  towne,  for  thereby  much 
good  may  redound  to  the  publicque. 

Herevpon  it  was  ordred  that  the  Necke,  or  so  much  of  it  as 
may  be  improved  by  the  sheep,  should  from  time  to  time  be 
made  vse  of  as  a  sheep  pasture,  <fe  to  that'  purpose  it  was  fur- 
ther ordered  that  euery  one  who  hath  grownd  in  the  neck 
should  cleare  his  land,  according  to  order  from  the  committee 
to  be  cliosen  to  treate  w'h  Goodman  Smith,  &  consederation 
was  had  also  about  a  penn  to  keepe  sheepe  in,  all  w-h  w'h 
sundry  other  questions  was  comitted  by  this  gen^'  court  vnto 
those  of  the  perticuler  court,  joyning  to  them  elder  Newman, 


1647]  NEW   HAVEN   COLONY  RECORDS.  319 

bro.  Myles,  Mr.  Tiittle,  Mr.  Caffinch,  Mr.  Gilbert,  Mr.  Wack- 
[189]  man,  ||  W"'  Preston,  bro:  Camfeild  and  Goodman 
Johnson,  as  a  committee  vnto  whom  all  questions  concerninge 
the  sheep  buisinese  is  rejEferred. 

In  regard  of  a  former  order  made  concerninge  the  leaveing 
of  some  questions  about  a  highway  in  Mr.  Lambertons  quar- 
ter, vnto  bro.  AVackman  &  bro.  Antho.  Thompson  to  issue,  &, 
their  thoughts  beinge  that  it  will  best,  as  they  conceive,  an- 
swere  all  the  quarter  if  the  highway  runne  through  the  midle 
of  their  lands.  Goodm"  Hitchcocke  thinking  his  right  too 
much  to  be  intrenched  vpon  therby,  besides  some  extreame 
inconveyniencjes  to  follow  on  him  besides,  the  consideration  & 
full  determynation  of  all  questions  in  that  poynt  was  recom- 
mended vnto  Mr.  Malbon  &  Mr.  Francis  Newman,  bro :  Wack- 
man  &  bro.  Thompson,  and  the  quarters  meetinge,  and  the 
said  committee  are  to  give  notice  when  &  where  they  will 
me'ete,  &  if  any  fayle  of  comminge,  he  shall  pay  12^1  fine  for 
his  defect  in  none  appearance,  &  also  shalbe  bownd  to  stand 
vnto  what  those  that  meete  doe  conclude  of  in  the  case. 

Bro:  Andrewes  was  desired  that  himselfe  &  some  others 
formerly  deputed,  would  againe  view  the  west  bridge,  that  all 
further  damadge  may  be  seasonably  prevented  and  the  worke 
as  soone  as  may  bee  (thats  to  be  don,)  finished. 

It  was  ordred  that  in  the  orders  about  watching,  theise 
words  be  added,  (that  euery  watchmi'  must  see  &  view  the 
armes  of  every  watchman  that  they  be  compleat,)  W'h  is  but 
the  exposition  of  the  former  order. 

It  was  propownded  that  men  would  cleare  wood  &  stones 
from  their  pale  sides,  that  the  watchmen  in  darke  nights  might 
the  more  safely  walke  the  rownds  wt^hout  hurt  thereby,  &  the 
orders  about  watching  were  read  in  court. 

Richard  Osborne  who  had  formerly  given  publicque  offence 
by  chardgeing  the  watchm^s  generally  w'-h  disorderly  sleepe- 
inge,  neglect  of  their  dutie  in  their  trust  committed  to  them, 
now  made  acknowledgement  of  his  sinne  in  so  chardgeing 
them,  whereas  he  is  not  able  to  prove  any  such  miscarriadge, 
&  perticulerly,  to  justifie  himselfe  had  called  Antho :  Thomp- 
son into  the  court,  &  had  chardged  Mathew  Camfeild  &  Mr. 


B20  NEW   HAVEN   COLONY  RECORDS.  [1647 

Tutle  w*h  neglects  or  sleepeing  dureing  the  time  they  should 
have  bin  wakeing  &  attending  their  trust,  w^h  he  was  not  able 
to  prove  against  any  of  them,  w'^h  did  satisfie. 

Bro :  Mitchell  &  Goodm"  Daighton  request  the  court  to  be- 
stow a  peice  of  spare  grownd  vpon  them  which  lay  betweene 
their  howse  lotts,  with  promise  to  mayntayne  the  highway  be- 
fore their  dores  or  howselotts  &  stopp  the  currant  that  now 
spoyleth  the  way.  And  the  grant  of  the  land  w'h  a  view  of 
the  conveyniency  of  it  to  the  towne  &  them  with  the  incon- 
veyniences  that  may  attend  Goodman  Buckingham  was  reffer- 
red  vnto  brother  Ric^  Myles  &  bro :  W'"  Davis,  &  what  they 
should  doe  therein  the  towne  would  allow  of.  The  land  to  be 
devided  in  proportion  to  each  as  the  committee  see  cause. 

It  was  ordred  that  the  captayne  w^i  the  rest  of  the  mjlitary 
officers  should  see  one  Jn^  Jackson,  servant  to  Mr.  John 
Wackman,  &  judge  whether  he  be  meete  for  exersise  and 
watchings,  considering  that  he  is  purblynd. 


At  a  Court  held  at  Newhaven  this  6th  July,  1647. 

The  Governo''  informed  the  court  that  it  had  bin  above  a 
twelue  month  since  Mr.  Thomas  Trowbridges  howse  &  land 
had  bin  sould  vnto  Mr.  Evance,  &  that  therfore  he  had  desired 
Mr.  Evance  to  come  to  the  court,  none  of  the  monneyes  being 
yet  paid. 

Mr.  Evance  answered  that  he  received  the  land  for  country 
pay  &  also  he  bought  in  it  refference  to  debts  dew  to  him  from 
some  of  the  creditors,  who  owed  h"i  monnyes. 

The  Go""  told  Mr.  Evance  that  monnyes  were  due  to  the 
towne  for  the  rates  of  y*^  land  10^  or  vpwards,  w^h  must  bee 
paid.  Mr.  Evance  promised  to  see  that  dischardged,  only 
said  if  the  debt  were  demaunded,  he  would  hope  the  court 
would  doe  h™  the  lik  right,  that  he  may  have  whats  dew  to 
him  from  others,  w°h  the  court  told  him  he  should  not  fayle 
of.  Wherevpon  Ric^  Pery  &  Henry  Gibbence  were  desired 
against  the  next  court,  to  cleare  the  debts  dew  to  them  by 
good  testimony. 


1647]  NEW  HAVEN  COLONY  RECOEDS.  *  321 

[190]  II  Jolm  Hall  informed  the  court  that  Mr.  Wilks  for- 
merly of  this  towne  had  promised  to  give  his  wife  teiiii  powiids 
if  she  should  serve  out  her  time  wUi  him  w^h  she  did.  And 
to  prove  that  promise  brought  first  W*"  Payne,  who  vpon  oath 
affirmed,  that  the  first  time  that  he  heard  his  M""  Wilks  speake 
this  was  at  Boston,  on  what  grownds  he  knoweth  not,  that  if 
his  mayd  would  stay  out  her  time,  he  would  give  her  tenn 
pownds,  &  this  liee  heard  him  say  often  here  before  the  ser- 
vants in  the  howse. 

Brigett  Wilks  vpon  oath  affirmed  that  she  heard  her  vncle 
promise  to  give  Goodye  Hall  ten  pownds  if  shee  served  out 
her  time. 

Sister  Hall  informed  the  court  that  she  demaunded  nothing 
of  her  mistris  because  her  mistris  told  her  her  master  would 
give  her  a  portion. 

A  difference  betweene  Mr.  Francis  Newman,  Tho'»  Mitchell 
and  Goodman  Dayton  was  presented  to  the  court.  Vpon  the 
courts  advize  that  2  men  might  be  chosen  to  end  it,  by  con- 
sent Mr.  Crayne  &  Goodman  Myles  wer  chosen. 

Mr.  Tho'«  Pell  haveing  attatched  about  2001  of  Mr.  Zellicks 
goods,  Mr.  Pell  &  Mr.  John  Evance  entred  themselues  as 
security  to  the  court  for  y^  damadges. 

Ambrosse  Sutton  for  comminge  too  late  at  watch  was  com- 
playned  off.  But  Mr.  Crayne  affirming  day  light  was  not  in, 
&  armes  not  viewed,  nor  the  watch  sett,  it  was  passed  by. 

Richard  Osborne  haveing  satisfied  the  court  &  the  watchm's 
concerning  his  wronging  them,  desired  his  fine  might  be  taken 
off,  but  it  was  respitted. 

W™  Blayden  being  warned  to  the  court  and  not  appearing, 
it  was  accounted  a  contempt. 

Brother  David  Atwater  being  absent  from  the  watch  one 
night  was  ordred  to  pay  his  fine.  Also  defective  another  time, 
but  he  layeing  the  fault  on  the  m>"  of  the  watch  it  was  re- 
spitted. 

Mr.  Henry  Brunwin  hath  sould  to  Goodm^i  W"^  Judson,  his 

dwelling  howse,  howse-lott,  w  h  the  orchard  in  it,  &  the  barne 

that  now  is  standing  onn  it,  37  acr  of  vplaud  w^h  is  his  first 

devizion  w^hin  2  myle,  w^h  7  acr.  ^.  24  rodd  in  the  Necke,  21 

41 


322  NEW  HAVEN   COLONY  RECORDS.  [1647 

acr.  of  meddow,  and  84  acres  of  vpland  w^h  is  his  second  devis- 
ion,  all  his  right  in  comons  &  oxe  pasture  &  whateiier  hereafter 
shalbee  a  privelidge  to  his  lott,  togetlier  w^h  a  bedstead  and 
triindlebedd,  a  paire  of  vallance  &  a  peice  of  blew  darnix,  a 
malt-mill,  a  well  biickett  &  chayne,  two  loads  of  clay  brought 
hom,  &  the  fence  about  the  lott  repayred,  as  F  a  bill  of  sayle 
appeard  pi'sented  in  court. 


At  a  Court  held  at  Newhaven  Aug.  3*^,  1647. 

W'"  Blayden  warned  for  a  contempt  the  last  court,  his  an- 
swere  was  the  could  not  not  come  because  of  the  extreame 
payne  he  was  vnder  Wh  satisfied. 

Also  he  was  complayned  of  for  late  comming  2  Lords  dayes, 
one  day  he  heard  not  the  drume,  and  thother  day  he  haveing 
Av^ett  the  day  before  in  the  evening  it  rayninge,  &  he  not  able 
to  mak  a  fier  to  dry  his  clothes,  was  forced  to  lye  abedd  the 
Lords  day.  For  these  defects  his  answere  was  vnsatisfying,  & 
he  fyned  2^,  It  was  ordered  that  the  next  court  he  appeare 
to  hold  forth  the  sight  of  his  sine  in  profanely  neglecting  to 
co"^  to  the  ordynanses. 

Bro.  Benham  for  his  neglect  in  warninge  David  Atwater  to 
watch  was  fined  5^. 

Mrs.  Turners  man  absent  from  the  watch  one  night  was 
complayned  onn,  Mrs.  Turner  did  answere  that  she  had  2 
oxen  tooke  hurt  &  were  in  danger  to  dye,  &  in  attendance  on 
them  it  proved  the  neglect  of  the  watch,  w^h  satisfyed  the 
court. 

Mihill  Palmer  was  complayned  of  for  absence  one  night 
from  the  watch,  he  answered  he  had  provided  &  agreed  Ric^i 
Osborne  to  watch  all  the  yeare  for  him.  Ric^  Osborne  denyed 
any  such  agreem^  absolutlje  made  w^hout  condicon,  but  he 
being  ill  could  not  attended  as  in  former  seasons  he  had,  & 
when  he  gave  Mihil  Palmer  notice  he  was  ill,  did  his  indeauor 
to  have  gotten  one  to  have  watched  but  could  not,  where vpon 
it  was  passed  by. 
[191]     II    Mr.  "Whitman,  elder  at    Milford,  alyenated  his 


1647]  NEW   HAVEN   COLONY  RECORDS.  323 

howseing,  lands,  &  what  right  he  either  hath  or  may  have 
hereafter  in  Newhaven,  vnto  Mr.  John  Bracey. 

Richard  Osborne  acknowledged  that  he  had  in  a  gennerall 
court  chardged  the  mi's  of  the  watches  w*h  that  he  could  not 
prove,  nor  was  true  in  itselfe,  &  by  what  was  said  in  court  he 
was  convinsed  of  his  sinne,  &  haveing  satisfied  the  masters  of 
the  watches  in  a  gennerall  court  his  fine  vppon  his  intreaty 
was  rernitted. 

Mr.  Jno  Bracey  doth  alyenat  to  Mr.  Wackm"  21  acr.  ^  & 
20  rodd  of  meddow  w^h  lyeth  in  the  west  meddow,  10  acr^ 
beyond  the  river,  w4iin  the  lynes  of  the  quarter,  &  11  ac.  & 
20  rodd  to  be  layd  out  in  Solitary  Cove  or  Mr.  Malbons  med- 
dow as  its  cast. 

Also  19  ac.  ^  of  vpland,  lyeing  beyond  the  West  River  in 
the  first  devizion. 

And  164  ac.  w^h  is  all  his  second  devizion,  w'h  all  the 
allotem^s  &  privelidges  which  shalbelong  thereto. 


At  a  Court  held  at  Newhaven  the  7^^  Sept.  1647. 

Sister  Preston  presented  her  husbands  will  &  the  inventory 
of  his  estate  to  the  court  to  be  entred.* 

*  "  The  will  of  William  Preston,  made  July  9,  1647. 

"  I  William  Preston,  a  member  of  the  church  of  New  Haven,  being  upon  my  death 
bed  as  I  conceave,  through  the  blessing  of  God  have  my  understanding  and  memory 
perfect  as  in  tymes  past,  doe  make  and  ordayne  this  my  last  Avill  and  testament,  in 
manner  and  forme  followinge. 

"  To  Joseph  Alsops  wife,  my  daughter,  I  give  20=,  or  if  her  husband  be  willing  to 
take  3  acres  of  land,  lying  in  first  devision  by  the  sea  side,  and  build  and  dwell  there, 
he  may.  But  if  hee  intend  not  to  dwell  there,  the  20^  is  all  she  can  demande.  My 
sonn  Edward,  I  give  him  in  the  same  lott  before  mentioned  three  acres  of  ground,  if 
my  wife  see  it  may  be  a  benefit  to  him  to  further  him  his  way  according  to  God,  or 
els  20=  is  all  he  can  demand.  To  my  sonne  Danyell  I  give  20%  and  John  is  to  have 
20'  when  he  comes  to  bee  twenty  yeares  of  adge ;  and  I  give  to  my  daughter  Mai;j^ 
20",  to  be  paid  when  she  is  nineteene  years  of  age,  and  for  the  rest,  where  the  time  of 
pa3'ment  is  not  mentioned,  I  leave  it  to  my  wife  when  she  can  conveniently  pay  it. 
As  for  Wm.  Meakars  wife,  in  that  upon  her  marriadge  and  since  I  have  given  her  is 
more  than  I  can  give  to  any  of  her  brothers  or  sisters,  yet  I  give  her  five  shillings.  As 
for  the  rest  of  mj-  estate,  which  consists  in  house,  lands  and  catties,  moveable  goods 
which  I  have  here  in  New  Haven,  in  New  England,  I  give  all  to  my  wife  for  the 
bringing  up  of  my  children  that  God  hath  given  mee  by  her,  in  consideration  she  was 
a  means  to  bring  mee  and  the  rest  to  New  England.    I  have  an  estate  m  Old  Eng- 


324  NEW   HAVEN   COLONY  RECOEDS.  [1647 

W""  Blayden  contemptuously  neglecting  to  bring  his  armes 
one  Lordsday,  made  it  his  excuse,  that  being  wett  the  last  day 
of  the  week,  &  his  clothes  being  wett  &  not  haveing  means  to 
diy  them  as  he  said,  came  not  to  the  exersise  that  Lordsday. 
The  truth  appeareing  to  be  noe  other  then  a  profaine  neglect- 
ing, yea  dispising  the  ordynances  of  Christ  through  sloathful- 
nesse,  wherevpon  the  judgment  of  the  court  was  that  he  be 
publicquely  whipped,  as  he  is  the  first  profanely  breaking  the 
Saboth,  worshipping  not  God  nor  wayting  for  a  blessing  from 
him  onn  himselfe. 

Edward  Parker  being  warned  to  the  court  for  rates  dew  to 
the  treasurer,  some  pt  before  he  marryed  the  widdow,  &  some 
part  since,  Edw.  Parker  promjsed  pay  for  what  is  dew  since  he 
marryed  the  widdow,  in  corne  shortlye,  &  for  that  before  John 
Potters  death  dew,  it  was  respitted. 

W'"  Pert  was  warned  to  the  court  for  taking  water-myllions 
one  Lords  day  out  of  Mr.  Hooks  lott,  &  Mr.  Hooke  complayn- 
eth  that  he  hath  often  bin  abused  this  way,  &  since  that  time 
his  orchard  hath  bin  robd. 

W""  Perts  answere  was  that  his  M'"  sent  him  into  the  quar- 
ter &  to  see  whether  there  were  any  hoggs  w^iin  the  fence,  & 
he  was  bidd  by  his  M""  to  bring  ho™  a  watter-milion  w^h  him, 
he  being  bidd  to  goe  that  way  through  Mr.  Hooks  lott,  after 
the  Saboth,  he  tooke  2  wattermilions,  he  said  it  was  the  first 

land,  and  for  part  of  my  house  and  land  and  other  goods  given  by  my  father  to  my 
elder  brother  and  myself,  whereui  a  foefment  of  law  calling  to  coi;ncell  and  left  in  the 
hands  of  two  foefees,  namely,  Mr.  William  Lawson  and  Mr.  William  Bauke,  to  be  kept 
in  trust  on  our  behalfe  when  wee  should  demand  it,  ourselves,  heires,  executors,  admin- 
istrators or  assignes,  lying  in  Yorkeshire  in  a  town  called  Giglesweke  in  Craven.  This 
land  and  goods,  what  is  of  it,  is  to  be  devided  into  fouer  parts,  to  be  equally  devided 
amongst  the  children  I  had  by  my  former  wife,  as  Daniell,  Edward  and  John  Preston, 
and  my  daughter  Elizabeth,  Sarah  and  Mary,  and  the  fourth  part  I  give  to  mj^  wife, 
and  for  my  son  John,  I  leave  him  in  the  hands  of  Brother  Roger  Allen  and  Bi'other 
Thomas  Munson,  to  place  where  they  two  shall  thinke  good  to  dispose  of  him,  to  such 
a  calling,  either  by  land  or  sea,  as  he  shall  like  his  calling  and  master. 

"  To  these  former  I  set  my  hand,  William  Preston,  as  my  owne  act.  Witnesse 
Roger  Allen,  Thom.  Munson." 

Wm.  Preston  Dr.  to  Zachry  Whitman  .-£10,  to  Mr.  Malbon  £0, 7, 8,  to  Joseph  Alsop 
£0, 18,'to  Roger  Allen  £1,  5,  to  Bro:  Wheeler  £0,  6,  to  Isaac  Whitehead  £0,  5,  8,  to 
Wm.  Russell  £0,  1,  6,  to  Mrs.  Lamberton  £0,  3,  9,  to  John  Chidsey  £0,  9. 

Wm.  Preston  is  Cr.  dew  from  Mr.  Allerton  £0,  6,  9,  from  John  Clarke  £0,  4,  10. 
Inventory  taken  30th  day  of  the  6th  month  1647,  by  Mathew  Gilbert,  Joshuah  At- 
watter,  sum  £65, 15. 


1647]  NEW  HAVEN   COLONY  EECOEDS.  325 

act  of  his  in  this  kind  &  hoped  it  should  be  the  last.  For  his 
vnrighteousnesse  &  profannesse  of  his  sperit  &  way,  so  soone 
thus  to  doe  after  the  Saboth,  he  was  to  be  puljliquely  corrected, 
although  moderatly  because  his  repentance  did  appeare. 

Mr.  Francis  Newman  &  Goodman  Myles  were  desired  by 
the  court  to  vallew  Mr.  Turners  estate. 

Thorn  Ceffinch  his  will  was  presented  to  the  court,  wherin 
Mr.  John  Ceffinch  was  made  executor,  but  at  the  present  he 
declared  himselfe  not  free  to  accept  of  it. 


At  a  Court  held  at  Newhaven  thls  5th  October,  1647. 

Mr.  John  Bracy  allyenats  vnto  Mr.  Kitchell  his  house  and* 
homelott,  conteyning  2  acr.  &  halfe,  and  25  ac.  of  vpland, 
lyeing  in  Mr.  Wackmans  quarter  next  Mr.  Wackmans  land, 
and  5  ac.  of  meddow,  be  it  more  or  lesse,  lyeing  at  the  end  of 
Mr.  Wackmans  quarter  in  the  west  meddowes,  &  9  acr.  of 
vpland,  be  it  more  or  lesse,  lyeing  in  the  neck  w^i  what 
comonag  remained  y"  vnsold.f 

Mr.  Bracey  alienats  to  Mr.  John  Evance  5  ac.  of  meddow 
lyeing  at  the  end  of  the  Yorkshire  quarter,  in  the  west  med- 
dowes. 

Mr.  Bracey  alyenats  to  Goodman  Boykin  9  acr.  20  rodd  of 
meddow,  lyeing  next  Goodman  Gibbs  &  Goodman  Fowler  in 
the  west  meddowes. 

[192]  II  Mr.  Evance  hath  sold  to  W'"  Potter  27  acri  of  med- 
dow as  it  commeth  to  him  in  the  townes  books,  and  it  lyeth 
in  the  east  meddow  betweene  Mr.  Crayne  &  bro.  Punderson, 
and  32  acr.  of  vpland  belonging  to  it  next  to  Mr.  Gilberts 
farme. 

Mr.  Evance  hath  sold  to  Henry  Gibbons  20  acr.  f ,  17  pole  of 
the  land  formerly  belonging  to  Mr.  Trowbridge,  w^h  is  part  of 
the  first  devizion  of  land  lyeing  one  this  side  the  West  River; 
and  2  acr.  of  meddow  in  the  west  meddow  lyeing  next  Mr. 
Allertons  meddow. 

*  These  words  [house  and]  interlined  by  Mr.  Newman, 
t  The  last  six  words  added  bj' Mr.  Newman. 


326  NEW  HAVEN   COLONY  RECORDS.  [1647 

Mr.  Evance  hath  sold  to  Antho :  Thompson  4  acr.  26  rodd 
of  Mr.  Trowbridges  first  devizion,  lyeing  on  the  "vvest  side. 

Mr.  Evance  hath  sold  to  W^  Gibbons  2  ac.  of  Mr.  Trow- 
bridges meddow  next  Mr.  Allerton. 

Mr.  Evance  hath  sold  to  Mr.  Rotherford  3  acr.  of  meddow. 

Mr.  Evance  hath  sold  to  Jn^  Walker  3  acr.  of  the  same 
meddow. 

Mr.  Evance  hath  sold  to  Ric^  Osborne  3  acr.  of  the  same 
meddow. 

Mr.  Ceflfinch  chardged  Hen.  Whelply  wUi  driveing  away  a 
bullock  of  his  long  since,  by  w<^h  means  its  lost. 

Henry  Lions  testimony  vpon  oath  was  read,  wherin  he  tes- 
tifieth  that  though  they  had  indeauored  to  have  driven  back  a 
beast  of  Mr.  Ceffinches  towards  Newhaven,  from  Mr.  Crayns 
penn  onn  the  west  side,  they  could  not,  but  went  w^^h  the 
cattle  driven  to  Milford,  &  neere  Mr.  Tapps  they  parted  Mr. 
Tapps  cattle,  &  testifieth  that  Henry  Whelply  w^h  the  rest  of 
lis  cattle  drove  away  a  stray  beast  of  Mr.  Ceffinches,  &c. 

Goodm«  Daighton  saith  that  hee  looking  w^h  others  for  Mr. 
Bernards  cattle,  &  finding  them  with  strange  cattle,  mett  Mr. 
Crayne  who  told  them  they  had  neede  looke  to  it  what  they  did 
to  drive  away  Strang  cattle,  for  he  had  smarted  for  it,  but  being 
at  Mr.  Crayns  penn  on  the  west  side,  some  Milford  cattle  went 
away  &  Mr.  Ceffinches  bullockc  w'^li  them,  then  he  told  Henry 
Whelply,  he  would  not  have  any  hand  in  driveinge  away  Strang 
cattle  &  so  came  away.  But  he  further  affirmeth  that  about 
3  weeks  after  he  saw  the  same  bullocke  vnder  the  West  Rocke. 

Mr.  Knell  informed  the  court  that  at  the  waterside  at 
Poquanock  ferry  they  did  indeavour  to  have  driven  ouer  their 
cattle,  and  then  one  ranne  away  but  afterwards  was  fownd, 
and  Mr.  Cafiinch  doubting  it  had  bin  his  bullocke  had  the 
sight  of  it  &  liked  it  not,  and  indead  all  of  them  proved  Mr. 
Bernards.  Goodm'^  Daighton  testfied  vpon  oath  what  he  had 
respectively  testified. 

The  centence  of  the  court  was  that  the  damadges  must  fall 
vpon  the  playntiffe,  he  being  defective  in  proofe  of  lis  chardge, 
and  ordred  to  allow  5^  to  Henry  Whelply  besids  the  chardges 
of  the  court. 


1647]  NEW  HAVEN  COLONY  RECORDS. 

Roger  Knapp  complayned  of  wronge  don  him  by  Mr. 
Ceffinches  swine  &  monney  dew  to  him,  but  could  not  get  it, 
but  by  consent  of  both  partjes.  G.  Judson  &  Mr.  Wackman 
were  chosen  to  arbitrate  and  end  the  difference. 

Goodm"  Johnson  alienated  5  ac  |  of  vpland  to  Ric^  Pery, 
w'^h  was  the  2'^  pt  of  the  first  devizion  belonging  formi'ly  to 
Dauid  Yale. 

Phillip  Galpin  appeared  on  behalfe  of  his  wife  who  should 
have  bin  corrected  for  her  sinfull  folly  in  fornication,  but  now 
seing  a  barre  was  put  in  by  God  in  her  affrightm^  so  as  her 
miscariadge  would  be  hazarded,  she  being  w^h  child,  if  she 
were  brought  forth,  as  appeared  vpon  testimony  from  the  mid- 
wife, she  was  fined  20%  the  court  respecting  m^^cy  in  her  case. 

Ambrosse  Sutton  was  warned  to  the  court  for  giveing  out  a 
false  report  concerninge  Margaret  Cadwell,  that  she  should 
goe  out  of  her  M'"  howse  A'nto  Mr.  Jn^  Ceffinches  when  they 
were  abedd,  &  that  Joseph  Guernsie  &  Eliz=^  Downinge  went 
forth  w'h  her  into  the  quarter  to  eate  wattermjllions,  about 
one  aclock  at  night,  &  were  fownd  by  the  watch.  But  he 
added  to  her  wronge,  that  they  sent  away  Elizabeth  Downinge 
least  that  Mr.  Caffinch  should  wake,  and  they  two  went  to- 
gether, &  that  Joseph  Guernsie  should  say  he  could  doe  what 
he  would  with  her. 

Ambrosse  Sutton  confesseth  the  thing  is  true, but  feare  hin- 
dred  him  at  the  Go""  and  hearinge  it  would  be  denyed,  he  also 
denyed  it  against  hs  present  light.  Joseph  Guernsie  told  him 
part  of  this,  and  Richard  Lovell  the  other  part. 
[193]  II  Ric'i  Lovell  said  that  Joseph  Guernsie  told  him  he 
had  bin  gathering  watermjllions  w^h  Margeret,  &  sitting  downe 
he  fownd  her  plyable,  he  might  have  done  what  he  would,  but 
said  nothing  to  h'"  of  the  girles  being  there  or  sent  away. 

Joseph  Guernsie  denyed  that  he  had  told  them  soe  as  before 
exprest,  but  true  he  had  told  them  somthinge,  but  he  could 
not  say  soe  of  her. 

Ric^  Lovell  and  Ambrosse  Sutton  both  testified  that  he  had 
told  them  he  could  have  don  what  he  listed  with  her. 

Eliz^'  Downinge  said  she  was  by  all  the  while  &  not  sent 
away  as  its  reported. 


328  NEW  HAVEN  COLONY  RECORDS.  [1647 

Tho'"  Dume,  who  lived  in  the  famyly  w^h  Margeret,  inform- 
ed the  court  he  had  never  seene  any  light  carryadge  in  her. 

John  Lawrenson  told  Mr.  Malbon  he  was  sorry  he  had 
spoken  at  all  of  it,  seing  that  them  that  had  said  it  did  denny 
it. 

Joseph  Guernsie  for  his  raysing  a  reproach  vpon  Margarett 
Cadwell  &  afterward  lying  in  the  thinge  when  he  was  ques- 
tioned, for  W'h  he  was  fined  40^^  to  the  mayd  &  20^  to  the 

towne. 

* 

Ambrosse  Sutton  hearing  this  report  spreads  it  to  strangers, 
&  hearing  he  is  lik  to  be  questioned  about,  saith  he  will  &  doth 
denny  it  before  the  magistrates,  although  it  was  witnessed  by 
two  to  his  face.  He  was  fined  40^  to  the  maid  he  wronged  and 
20s  to  the  towne. 

Richard  Lovell  was  fined  for  his  hearinge  this  false  report 
&  resolution  to  conceale  it  from  the  cogniscance  of  the  magis- 
trate, 10^  to  the  maide. 

Mr.  John  Ceflfinch  refussed  to  accept  of  the  executo'"sliip  to 
hs  bro.  Tho™  estate. 


R.  P.  1647. 


[The  remainder  of  this  volume  is  in  the  handwriting  of  Francis  Newman.] 


1647]  NEW  HAVEN   COLONY  EECOEDS.  329 

[For  the  record  of  the  General  Court  October  18,  1647,  see  ;jos<  p.  354.] 

[We  learn  from  the  Guilford  Eecords  that  there  was  a  Court  of  JIagistrates  held  at 
New  Haven,  October  24,  1647.] 

[194]     At  a  Courte  held  at  Newhaven  the  2^^  day  of 
nouember,  1617. 

Samuell  Hogkines  dissired  that  he  might  have  his  fine,  or 
pt  of  it,  taken  of,  w^h  he  was  fined  for  goeing  awaye  from 
trayniiig  in  the  afternoone  w'^lioute  leave,  bnt  tlie  courte  sawe 
no  cause  to  abate  any  pt  therofe. 

Hichard  Myles  being  warned  to  bringe  in  an  inventorie  of 
Thomas  Clarkes  estate,  informed  tlie  courte  that  Tliomas 
Clarke  only  gave  hime  order  to  receive  of  Robert  Emry  11^ 
for  a  house  and  lott  sould  to  the  saidc  Robert,  w^h  11  ^  hec, 
the  said  Ricli''*^  Myles  hath  received,  but  he  knoweth  of  noth- 
ing of  nothing  elc  left  heare  as  any  part  of  Thomas  Clarkes 
estate. 

George  Ward  and  Lawranc  Warde  plantiffs,  declare  against 
the  company  of  marchants  of  Ncwhauen,  viz'',  Mr.  Theophilus 
Eaton,  now  gouerner,  Mr.  Stephen  Goodyeare,  Mr.  Richard 
Malboii,  Mr.  Thomas  Gregson.  First,  that  the  said  company 
spake  to  them  to  make  a  suit  of  blockes  for  the  great  shipp. 
2'1'y,  that  they  spake  to  Mr.  Lamberton  to  give  them  the  de- 
mensions.  3''iy,that  Mr.  Lamberton  did  it.  4'^ly,  that  tlicsc 
blockes  w^ere  made  by  them  the  said  Geo :  and  Lawranc  Warde 
and  deliuered  in  and  received  by  Mr.  Hart  as  the  companyes 
agent.  S^ly,  that  for  these  blockes  the  marchants  promised 
paye.  6*'ly,  for  these  blockes  they  the  said  Geo:  and  Law- 
ranc Warde  haue  received  pt  of  tlier  paye. 

First  Lawranc  Warde  saith  that,  meetting  Mr.  Gregson  and 
Mr.  Lamberton  together  in  Mr.  Dauenports  streete,  Mr.  Greg- 
son said  to  hime  the  said  Lawranc,  are  yow  aboute  those 
blockes,  (for  Mr.  Gregson  had  formerly  bespoke  the  blockes,) 
Lawranc  answered,  I  have  spoke  with  my  brother  and  wee  are 
willing  to  goe  on  if  wee  agree,  but  wee  must  haue  the  demen- 
sions  from  yow.  Mr.  Gregson  said,  brother  Lamberton  will 
yow  doe  that,  hee  answered  yea,  Lawranc  tould  Mr.  Gregson 
42 


330  NEW  HAVEN  COLONY  RECORDS.         [1647 

that  Goodman  Myles  had  spake  somewhat  to  hime  aboiite  them ; 
then  Mr.  Gregson  said,  what  hath  Goodman  Myles  to  doe  w^h 
them,  the  belonge  to  y^  rigging,  doe  they  not  brother  Lamber- 
ton,  he  answered  yea;  but  Liftenant  Seely  can  saye  somewhat 
to  this  matter. 

Liutennant  Seely  affeirmed  that  he  could  testifye  nothing 
that  Mr.  Gregson  did  bespeake  these  blockes  for  the  shipp, 
but  Lawranc  Warde  asked  hime,  the  said  Leiutenant,  on  time 
to  goe  along  w^h  hime  to  Mr.  Lambertons,  accordingly  he  did 
goe  w^h  hime ;  hee  spake  to  Mr.  Lamberton  aboute  paye  for 
these  blockes,  Mr.  Lamberton  said  he  bespake  them  not  for 
himeselfe,  butt  was  sett  on  by  the  company  and  was  their  agent 
to  give  direction  to  haue  them  done. 

The  Governor  answered  that  they  the  saide  marchants  were 
no  company  to  any  such  purpose  that  what  on  did  all  did,  but 
euery  on  acted  for  himeselfe  and  must  answer  for  his  owne 
doeings,  but  for  himselfe  in  perticuler  hee  knew  nothing  of  it, 
so  saith  Mr.  Goodyere  and  Mr.  Malbon,  and  Mr.  Gregson  being 
absent  could  not  answer  for  himselfe. 

Further  Lawranc  Warde  saith  that  Mr.  Lamberton  came  a 
second  time  and  bespake  the  blockes  for  the  company  as  his 
brothers  wife  can  testifye.  Goodey  Warde  saith  she  remem- 
bred  when  Mr.  Lamberton  came  downe  he  wished  her  husband 
and  brother  to  goe  on,  for  the  marchants  were  willing  to  suit 
them  w*h  paye.  She  was  asked  if  she  knew  wheither  it  were 
for  these  blockes  or  no,  she  answered  she  knew  not. 

Lawranc  Warde  saith  that  Mr.  Lamberton  spake  to  them 
to  make  some  moldes  w'^h  they  did  and  brought  them  to  hime, 
and  hee  wrotte  vpon  them  how  many  ther  should  be  of  a  sort. 
That  the  marchants  did  receive  them,  hee,  the  said  Lawranc 
Warde,  proues  by  his  owne  testimony  and  Mr.  Harts  hand,  for 
he  saith  y*  Mr.  Malbon  wished  hime  to  deliuer  them  to  Mr. 
Hart  for  them,  and  they  did  so,  as  Mr.  Harts  bill  vnder  his 
owne  hand  will  showe.  Mr.  Malbon  saith  he  remembers  it 
not,  but  if  hee  did  it  was  to  doe  them  a  kindnesse,  because 
they  were  to  goe  out  of  the  towne  and  might  not  knowe  where 
to  laye  them. 

Further  Lawranc  Warde  saith  that  the  feoffees,  viz^,  Mr. 


1647]  NEW   HAVEN   COLONY   RECORDS.  331 

Wakeman,  Mr.  Attwatter,  Mr.  Crane  and  Goodman  Myles  can 
saye  something  in  this  matter. 

Mr.  Wakeman  saith  for  the  bargaine  he  can  saye  nothing, 
but  a  litle  before  Mr.  Gregson  went,  some  mottion  was  made 
to  them  the  said  feoffees  to  paye,  w^h  was  verey  strange  to 
them,  and  thervpon  they  mett  at  ihe  gouerners  w^h  the  mar- 
chants,  Goodman  Warde  was  there  and  aleadged  his  want  of 
paye,  the  marchants  conceived  it  belonged  to  the  feoffees  to 
paye,  but  they  thought  it  belonged  to  the  rigging  and  could 
not  consent  to  paye  any  thing  towards  them.  In  that  meetting 
many  speeches  pased  betwixt  Mr.  Lamberton  and  Goodman 
Warde,  and  as  the  said  Mr.  Wakeman  remembreth,  Good- 
man Warde  said  Mr.  Lamberton  and  Mr.  Gregson  acted  w^h 
hime,  and  minded  Mr.  Gregson  of  that  speech  wUi  hime  in 
Mr.  Dauenports  streette.  Mr.  Gregson  seemed  not  to  remem- 
ber it,  thoughe  hee  denyed  it  not,  but  said  w^hall  that  hee  did 
it  as  a  servic  to  y^  feoffees,  these  feoffees  denyed  y^,  thervpon 
Mr.  Gregson  seemed  somewhat  moved  and  said  to  the  gou- 
erner,  if  they  will  not  paye  then  I  shall  leaue  my  share,  but 
then  I  will  haue  them  in  my  or  our  custody  and  will  bee  payde 
before  they  passe. 

Eichard  Myles  saith  that  Mr.  Gregson  said  as  hee  vnderstood 
hime  that  hee  should  leaue  inouglie  heare  to  paye  for  the 
blockes  and  would  take  them  into  his  owne  custody  and 
would  bee  satisfyed  wUioute  losse  before  they  went,  it  was 
asked  wheither  it  was  vpon  this  ground  that  hee  bespoke 
them,  he  said  he  could  not  tell. 

Mr.  Attwatter  saith  hee  can  add  nothing  to  what  hath  bine 
expressed. 

[195]  II  Mr.  Crane  said  he  tooke  it  vp  that  Mr.  Gregson  in- 
tended they  should  be  payde  for  out  of  his  owne  estate,  rather 
then  the  men  should  bee  vnpayde.  It  was  demaunded 
wheither  Mr.  Gregson  in  all  these  debates  did  saye  or  carye  it 
as  the  companys  agent,  but  they  could  not  affeirm  that,  but 
Mr.  Evanc  said  that  Mr.  Gregson  ever  denyed  it. 

Lawranc  Warde  saith  that  his  wife  went  to  the  gouerner  for 
some  cloth  vpon  this  account,  Goodey  Myles  being  w^h  her ; 
the  gouerners  answer  was  that  hee  had  payde  a  some  allreadie 


332  NEW   HAVEN   COLONY   RECORDS.  [164T 

for  her  brother,  w'=h  was  as  much,  for  any  thing  hee  knew,  as 
his  pt  came  to.  Goodey  Myles  saith  she  went  wUi  Goodey 
Ward  to  y^  gouerners,  she  dissiered  some  cloth,  he  said  hee 
had  not  but  for  his  owne  vse,  but  for  his  pt  hee  liad  payde  as 
much  as  liis  p^  came  to,  it  was  asked  if  slie  knew  vpon  what 
account,  she  said  no.  Goodey  Warde  saitli  tliat  the  goucrner 
said  he  had  payde  as  much  as  his  share,  but  cannot  sayc  that 
is  was  as  a  debt  to  her  husband. 

The  Gouerner  answered,  it  is  true  Goodey  Warde  came  to 
hime  for  some  clotli,  lie  tould  her  then,  that  for  the  blockes 
he  had  nothing  to  doe  w*h  them,  nor  did  hee  bespeake  any, 
but  if  the  feoffees  would  joyne,  rather  then  they  should  bee 
vnpayde,  hee  would  paye  his  pt;  and  for  that  he  said  hee  had 
payde  as  much  as  his  share,  it  was  thus,  Goodman  Whelply 
threatening  to  put  George  Warde  into  y^  courte  for  a  debte 
of  3' :  10^:,  the  governor  wished  hime  first  to  gett  a  meeting 
of  the  feoffees  to  consider  further  of  the  blockes,  others  of 
them  being  from  home,  Mr.  Crane  only  came,  and  w*h  his 
consent  the  gouerner  gave  a  note  to  Goodman  Whelply  for  the 
3^:  10%  and  tooke  the  accquittanc  in  his  owne  and  Mr.  Cranes 
name,  refusing  vtterly  to  paye  a  penny  but  in  a  joynt  way  w'^h 
the  feoffees.  This  both  Mr.  Crane  acknowledged  and  the 
acquittanc  cleared. 

Further,  Lawranc  Warde  saith  that  Mr.  Goodyere  sent  for 
pt  of  these  blockes  &  made  vse  of  them.  Mr.  Goodyere  saith 
that  Mr.  Fowler  sent  to  hime  to  gett  him  on  blocke  w^h  he 
wantted  for  his  vessell ;  he,  the  said  Mr.  Goodyere,  tould  them 
that  came,  he  had  no  right  more  then  another  to  them,  yett  the 
case  being  a  case  of  necessitie,  he  acknowledgeth  he  sent  for  on 
blocke,  and  Mr.  Fowler  promised  to  deliuer  such  another  for 
it,  for  he  had  spoke  to  Goodman  Ward  for  some. 

Captaine  Astwood  propounded  that  seing  the  case  was  difii- 
culte,  ther  wanting  full  evidenc  on  the  plantiffs  pt  to  cast  the 
cause  against  the  defendants,  and  yett  it  was  fitt  the  poors 
men  should  bee  payde  for  ther  labour,  that  therfore  the 
m'^chn^ts  and  the  feoffees,  by  consent,  would  joyntly  put  the 
whole  case  to  a  referenc  wUi  the  plantiffs.  The  marchants 
expressed  themselues  willing,  and  the  feoffees  answered,  that 


1647]  NEW   HAVEN   COLONY  RECORDS.  333 

as  feoffes  they  knew  not  wheither  they  had  power  to  doe  it, 
but  being  searched  into  and  it  appearing  they  had,  they  ex- 
pressed themselues  willing  allso,  and  bothe  the  Wards  expres- 
sed themseliies  very  willing.  The  matter  being  thus  muttu- 
ally  agreed  they  chose  ther  men,  the  marchants  chose  Cap- 
tainc  Astwood,  the  Wards  Mr.  Disbrowc,  the  feoffees  Mr. 
Davenport ;  so  the  suit  being  stoped,  the  cause  was  reffered  to 
these  3,  or  any  2  of  them  to  isue,  by  the  consent  of  all  pties. 

Mr.  William  Westerhouse  dissires  of  the  courte,  (Mr.  John 
Evanc  being  his  interpreter,)  that  the  three  Duch  men  w^h 
are  prissoners  at  this  time,  maye  haue  ther  libbertie,  and  he 
and  Mr.  Samuell  Goodanhousc  will  bee  bound  in  a  bond  of  a 
thousand  Holland  gildercs  for  ther  appcaranc. 

Answer  was  returned  them  from  the  court,  that  if  the  said 
Mr.  William  and  Mr.  Samuell  would  enter  a  recognesanc  of 
a  thousand  gilderes,  that  these  three  men  w^h  are  prissoners, 
all  and  every  on  of  them  shall  be  forthcoming  att  the  courts 
call,  they  shall  haue  ther  libbertie,  and  the  said  Mr.  William 
and  Mr.  Samuell  being  both  present,  said  they  would  bee  so 
bound,  whervpon  the  mar  shall  had  order  from  the  courte, 
that  before  Mr.  Evanc  he  should  deliuer  the  three  prissoners  to 
them. 

Further,  Mr.  William  Westerhouse,  (Mr.  Evanc  inter- 
preter,) dissiered  the  courte  to  grant  him  an  arest  vpon  that 
money  w^h  is  in  Mr.  Goodyeres  hand,  to  be  payde  to  y^  Duch 
gouernc*,  vpon  the  consideration  of  his  shipp  being  taken 
awaye  ;  the  courte  answered  that  ther  was  a  fixed  estate  stoodc 
ingadged  for  that  money,  and  vnless  a  fixed  estate  can  be  put 
in  for  securetie  to  such  a  vallew  as  maye  beare  all  damadge 
w^h  maye  arise  by  such  an  arest,  it  cannot  be  granted. 

Mr.  Pery  passeth  over  35  ac^  of  vpland  to  John  Clarke  and 
Samuell  Whithead,  lying  on  end  butting  vpon  the  necke 
highway,  the  other  end  butting  vpon  the  mill  highwaye,  be- 

*  For  the  ship  called  the  ZwoU,  which  the  authorities  of  Fort  Amsterdam  had  sold, 
Sept.  21,  to  Mr.  Goodyear,  and  contracted  to  deliver  at  New  Haven.  Under  pretext 
of  conveying  the  craft  in  safety,  they  put  soldiers  on  board,  and  by  their  ,means 
seized  Mi-.  Westerhuyzens  ship,  the  St.  Beninio,  and  carried  it  to  New  Amsterdam. 
O'Callaghan,  N.  N.  ii.  48. 


334  NEW   HAVEN   COLONY  RECORDS.  [1647 

twixt  the  land  of  William  Tuttill   and  the   land    of   Fra: 
Newma. 

Mr.  Peiy  paseth  over  to  Richard  Hull,  10  ac"  and  halfe  of 
vpland,  w'^h  lyes  neare  the  mill,  wUiin  the  two  myle. 
[196]     II Mr.  Pery  passeth  ouer  to  M"^  Turner  14  ac"  and 
a  halfe  of  meddow,  lying  in  the  east  meddowe,  w^h  is  all  that 
proportion  w°h  did  belonge  to  his  owne  proper  lott. 

Mr.  Pery  passeth  ouer  to  Thomas  Munson,  16  ac^  of  vpland, 
w'^h  is  on  halfe  of  the  second  devission  of  land  w^h  belonged 
to  that  lott  w^h  was  old  Mris  Eattons,  lying  on  the  other  sid  of 
the  West  River,  behind  the  Yorkesheir  quarter. 

Hee  passeth  over  16  aC^  more  of  the  same  land,  lying  in 
the  same  place,  to  Thomas  Moris. 

Mr.  Pell  being  warned  to  the  courte  to  answer  for  some 
ill  returnes  he  sent  to  the  generall  courte  when  they  sent  to 
hime  for  his  wives  fine,  W^h,  as  the  gouernC  tould  hime, 
rather  held  forth  a  contempt  of  the  courte  then  otherwise,  hee 
said  he  thought  it  not  his  debte,but  it  was  tould  him  his  wiues 
debts  were  his;  he  said,  the  court  cannot  take  what  is  mine. 
The  gouernC"  said  y^  courte  must  consider  that,  he  said  it  was 
a  new  thing  to  hime,  he  heard  not  of  it,  it  was  tould  hime 
that  was  not  likely,  l3ut  hee  must  know  of  it,  seing  it  was  done 
in  open  courte,  but  if  he  had  come  to  the  court  and  given  a 
faire  answer,  something  might  have  bine  considered,  l^ut  he 
said  he  dissiered  to  consider  of  it.  The  court  gave  hime  a 
moneths  time,  and  if  he  dissiered  a  copie  of  the  proceedings 
of  the  courte,  he  might  have  it,  payeing  the  secretarie  for 
wrighting  of  it. 

The  16th  of  the  9^^  moneth,  William  Andrewes  jun''  was 
called  before  the  gouerner,  magistrats  and  deputies  for  the 
towne,  and  then  was  charged  for  the  sinn  of  drunkennese 
the  last  weeke,  w^h  thing  he  did  not  deney  but  confessed  as 
hee  needes  must,  ther  being  severall  wittnesses  w^h  sawe  it ; 
as  John  Clarke,  John  Walker,  his  master  Mr.  Evanc ;  this  fact 
was  considered.  The  gouerner  tould  hime  he  was  eorey  he 
was  come  before  the  courte  againe  for  this  miscariadge,  seing 
he  had  bine  fined  one  allreadie,  either  for  drunkennese  or 
drinking  and  the  cause  of  others  being  drunke,  that  now  the 


1647]  NEW   HAVEN   COLONY   RECORDS.  335 

courte  must  thinke  of  some  other  waye  of  piinisliment,  seing 
it  seemes  to  bee  a  siiiu  rooted  in  him. 

The  court  cousidering  these  things  sawe  cause  to  agree  that 
he  should  receive  corporall  punishment  by  whipping,  for  that 
was  the  proper  punishment  for  such  brutish  sinns,  but  be- 
cause he  was  to  goe  awaye  suddenly  in  his  masters  shipp, 
(maye  be  this  night,)  therfore  the  courte  agreed  that  5^  be 
depossitted  as  a  fine  laide  vpon  hime,  for  w*=h  5^  his  master 
Mr.  Evanc  did  vndertake,  that  hee  at  his  returne  he  maye  be 
brought  forth  to  the  courte  againe,  and  vpon  good  testimony 
of  his  good  cariage  and  behauiour  the  courte  will  consider  of  it. 


Att  a  Courte  the  T'h  day  of  December  1647. 

The  will  of  Nathaniel  Draper*  was  deliuered  into  the  courte 
by  William  Russill,  for  Phillip  Galpin,  and  being  read  was 
deliuered  to  the  secretarie  to  be  recorded,  w^h  the  testimony 
of  Arthur  Branuch  and  a  bill  from  Mr.  Leach  of  the  wages 
due  to  the  deceased  Nathaniel  Drapr,  w^h  is  to  be  p'^  by  Mr. 
Pell. 

The  gouerner  acquainted  the  court  that  he  heard  that  An- 
thony, the  neager,  his  servant,  gott  some  stronge  watter,  and 
hee  heard  that  hee  was  drunke,  therfore,  because  it  was  openly 
knowne,  he  thought  it  necessarie  the  matter  should  bee  heard 
in  the  courte,  whereas,  had  it  bine  keept  w^liin  the  compase 
of  his  owne  family,  he  might  have  given  him  family  correction 
for  it. 

Anthony  saith  he  did  goe  to  Mr.  Evanc  his  house  for  some 
suger,  and  Mathew,  his  neager,  asked  hime  to  drinke,  he  did 
not  refuse  it,  Mr.  Evanc  his  neager  pouered  somewhat  out  of  a 


*  "  Will  of  Nathaniel  Draper  made  the  25ih  of  the  2 '  month  1467." 

Gives  to  Phillip  Galpine ;  all  of  the  tobacco  I  have  aboard  of  the  barke  Faulcon. 

Said  Phillip  to  receive  all  liis  wages  due  to  him  from  Thomas  Pell  for  'his  service  in 

this  barke.— Acquits  Elias  Parkman  of  a  bill  of  £3.  6.  4.  except  20'  that  he  gives  to 

Henry  Rotherford.     Witness,  Arthur  Branch. 
Affidavit  of  Arthur  Branch  before  Mr.   Edward  Hopkins  at  Seabrooke  the  1"'  of 

November  1&47,  that  he  witnessed  the  above  wih  aboard  the  barke  Faulcon,  of  New 

Haven,  then  riding  near  Rikatan  in  Virginia. 


336  NEW  HAVEN  COLONY  RECOBDS.         [1647 

runlett  and  gaue  it  hime  and  went  awaye,  and  he  drunke, 
not  knowing  what  it  was,  and  after  hee  had  drunke  hee  was 
light  in  his  head  after  hee  came  abroade. 

Mr.  Evanc  his  neager  saith,  Anthony  coming  to  their  house 
he  asked  hime  to  drinke  and  poured  out  some  strong  watter 
Wh  was  in  the  bottome  of  a  runlett  into  a  jDint  pott  and 
drunke  to  hime.  It  was  asked  hime,  how  many  times  Anthony 
drunke,  hee  said  but  one,  but  as  hee  conceiveth,  at  one  hee 
dranke  aboute  the  quantetie  of  2  wine  glasses.  It  was  asked 
hime  wheither  he  gaue  it  hime  for  beare,  or  tould  him  what 
it  was,  or  wheither  Anthony  knew  it  was  stronge  watter,  he 
said  he  could  not  tell. 

The  courte  considering  that  it  is  the  first  time  they  haue 
heard  any  thing  of  Anthony  this  waye,  and  possibelly  he  might 
not  know  what  he  drunke  till  afterwardes,  it  being  given  him 
in  such  a  vessel  1  as  is  vsed  to  drinke  beare  out  of,  and  hope- 
ing  it  will  bee  a  warning  to  hime  for  time  to  come,  thought 
it  fitt  and  agreed  not  to  inflict  any  publique  corporall  punish- 
ment for  this  time,  but  as  the  gouerners  zcale  and  faithfullnes 
hath  appeared,  (not  conniving  at  sinn  in  his  owne  family,) 
so  they  leaue  it  to  hime  to  give  that  correction  w^h  hee  in  his 
wisdome  shall  judge  meete. 

[197]  IIM'is  Turner  deliuered  into  the  courte  an  inventorie 
of  the  estate  left  by  her  deceased  husband,  Mr.  Nathaniel 
Turner*,  W^h  was  read  and  deliuered  to  the  secretarie  to  bee 
recorded. 

Mris  Turner  and  Mr.  Pery  chose  Mr.  Gibbard  and  Francis 
Newman  to  lieare  and  end  some  differenc  betwixt  them 
aboute  the  payeing  in  of  some  pease,  W^h  Mrs.  Turner  was  to 
paye  in  to  Mr.  Pery  for  some  meddowe  she  bought  of  hime. 


*  "An  inventorie  of  the  estate  of  Mr.  Nathaniel  Turner."  Amount,  £457.  7.  3. 
prised  the  3'i  day  of  the  lOUi  month,  1647,  by  Francis  Newman  and  Richard  Miles. 

Debtors,  Thomas  Meekes,  .£14.  Samuel  Hodgking  £5.  Thomas  Knowles  ,£0.  18. 
Mrs.  Gregson  £1.  2.  John  Benham  £0.,  2.  Benjamin  Willmot  £0.  9.  Thomas  Pell, 
William  Andrewes  for  3  hides. 

The  estate  of  Mr.  Nathaniel  Turner  is  debtor 

To  Mrs.  Higginsons  estate  £28.  7.  to  Mr.  Malbon  £7.  9.  to  Mr.  Gilbert  £1.  10.  to 

Roger  Allen  £1.  7.  to  Mr.  Pery  £7.  13.  6.  to  Mr.  Allerton for  wages  to  tervants  £2- 

to  Mrs.  Stollion  £0,  12. 


1647]  NEW   HAVEN   COLONY   RECORDS.  337 

jVfris  Turner  declared  to  the  courte  that  she  conceives  her 
husband  made  a  will  and  left  air  hee  had  to  her  dispose,  as 
two  of  her  daughters  can  testifye  the  same.  Rebecka  Turner 
saith,  that  when  her  father  was  to  goe  awaye,  her  mother  dis- 
siered  hime  to  make  a  will,  but  hee  answered  that  hee  would 
make  no  will,  Ijut  hee  judged  her  faithfull  and  had  found  her 
faithfull,  therfore  left  all  to  her  and  wished  her  to  bee  good  to 
the  chilldren,  and  wished  the  chilldren  to  beare  wittness.  Abi- 
gaile  Turner  testifyeth  the  same. 

Mr.  Evanc  declared  to  the  courte  that  he  had  taken  out  an 
attachment  for  some  goodes  of  Mr.  Godfereyes,  to  the  vallew 
of  4',  but  because  he  was  to  goe  awaye  and  he  was  lothe  to  put 
hime  to  trouble,  it  was  by  his  order  only  serued  vpon  on  hogs- 
head of  pease,  he,  the  said  Mr.  Evanc,  being  content  to  take 
some  debtes  of  his  hear  for  tile  rest,  if  it  might  be  made  goode, 
but  now  some  of  those  debtes  seeme  not  to  bee  good,  and  the 
hogshead  of  pease  is  required  by  his  order  to  carye  to  the  Bar- 
badoes.  The  court  tould  hime  that  Mr.  Godfery  is  not  heare  to 
answer  for  himselfe,  nor  can  any  in  the  court  answer  for  hime, 
but  the  attachment  being  for  the'  hogshead  of  pease,  if  Mr. 
Evanc  put  in  securetie  to  answer  the  damadge,  he  maye  dispose 
of  them,  and  Mr.  Evanc  promised  to  put  in  securetie. 

Steven  Reekcs,  master  of  a  vessell  that  came  from  the  Bar- 
badoes,  was  called  before  the  court  to  answer  for  some  mis- 
cariadges  of  his  on  the  Saboth  daye,  viz*^  : — that  he,  the  said 
Steven,  did,  contraiy  to  the  law  of  God  and  of  this  place, 
halle  vp  his  shipp  to  or  towardes  the  necke  bridge  vpon  the 
Sabothe,  which  is  a  laboure  proper  for  the  six  dayes,  and  not 
to  be  vndertaken  on  the  Lords  day.  Mr.  Reekes  answered 
that  their  shipjD  laye  on  ground  and  had  not  flotted  some 
dayes  before,  but  that  day  the  winde  coming  vp  at  the  south- 
east, brought  in  a  great  tide,  and  then  she  flotted,  and  that  all  ye 
company  did  was  but  to  keepe  her  of  from  runing  on  the  banke 
or  driving  vpon  her  ancor,  the  shipp  hauing  neuer  a  boate  to 
carie  another  ancor  forth.  Hee  was  toold  they  should  have 
provided  for  that  before,  for  it  is  j^  duty  of  all  men  to  remem- 
ber the  Saboth,  and  to  provide  so  beforehand  that  nothing  maye 
disturbe  them  vpon  the  Saboth,  vnlesse  it  bee  in  cases  of 
43 


338  NEW   HAVEN   COLONY  RECORDS.  [1647 

mercy  or  workes  of  such  necessitie  as  could  not  be  provided 
for  the  day  before  nor  staye  till  the  day  after. 

Mr.  Larebe,  a  seaman  belonging  to  the  Phenix,  was  called 
before  the  courte,  to  answer  to  some  miscariadges  of  his  vpon 
the  same  Saboth,  viz^,  that  he,  w'h  some  other  company,  went 
aboard  the  Phenix,  and  did  worke  not  proper  for  that  day,  as 
hailing  of  the  vessell,  and  emptying  some  stones  out  of  a  can- 
now  to  help  them  in  that  servic.  Mr.  Larebe  replied,  that  hee 
conceived  the  worke  was  a  worke  of  charitie,  to  preserve  the 
vessell  that  it  might  not  perish,  for  their  was  some  danger  of 
her  ouer-setting  ;  besid,  Mr.  Pery  came  to  hime  himeselfc,  and 
saide  it  was  fitt  some  bodye  should  goe  downe.  Mr.  Malbon 
saith  that  Mr.  Pery  was  at  his  house,  and  he  was  speakeing  of 
some  danger  the  vessell  might  bee  in,  whervpon  he  wished 
his  Sonne  Pery  to  goe  to  Mr.  Davenport  and  aske  his  advise. 
Hee  did,  and  Mr.  Davenport  tould  hime  hee  should  leave  it  to 
Gods  providence,  the  Saboth  was  a  day  of  rest,  and  therfore 
hee  ought  to  rest.  Tlien  Mr.  Malbon  wished  hime  to  give 
order  that  nothinge  should  bee  done,  W^h  hee  did,  only  on 
might  goe  downe  and  see  what  state  the  vessell  was  in,  but 
that  nothing,  w^hout  apparent  necessitie,  be  done  to  her,  yett 
Mr.  Larebe,  wUi  diueres  others,  went  and  wrought,  contrary  to 
the  lawe  for  the  Saboth. 

The  courte  considered  bothe  these  cases  and  finde  them  to  be 
much  alike,  and  considering  the  persons,  that  they  are  stran- 
gers, and  thinking  they  did  not  doe  it  out  of  contempt,  but 
ignorantly,  they  agreed  for  this  time,  (that  they  acknowledg- 
ing ther  failings,  and  promising  amendment  for  time  to  come,) 
to  passe  it  by,  but  if  any  of  our  owne  take  libbertie  heareby, 
the  sentenc  will  bee  heavier  on  them. 

Abraham  Bell  paseth  ouer  to  Jobe  Halle  his  whoUe  lott  w^h 
was  given  hime  by  the  towne. 

Mr.  Rudderforde  passeth  ouer  to  William  Ives  4  ac^  1 
quarter  and  30  rode  of  vpland,  of  the  first  devission,  w^hin 
the  -2  myle,  lying  on  the  further  side  of  the  West  River,  on 
both  sides  of  a  pec  of  lande  called  the  club,  on  end  abutting 
vpon  the  west  meddowe. 
[196  bis']     Theophilus  Higenson  passeth  ouer  to  Christopher 


1647]  NEW   HAVEN   COLONY  RECORDS.  339 

Todd  his  house  and  home  lott  in  Newhaven,  containing 
lying  betwixt  the  lott  now  William  Judsons,  and  Mr.  Tenches; 
w^h  8  acs  and  a  halfc  lying  in  the  third  devisson  of   that 
quarter,  w'hin  the  2  myle,  on  end  abutting  vpon  the  plaines, 
w<=h  is  the  cow  pastuer,  betwixt  the  land  of        ^ 

And  24  ac^  of  land,  if  he  haue  so  much,  lying  in  the  Necke, 
by  the  fenc  side  w^h  goes  downe  to  the  meddow.  On  pec  of 
meddowe  lying  next  the  24  acers  of  land,  lying  for  5  acs  and 
a  halfc,  bee  it  more  or  lesse,  wli  is  all  the  meddowe  Mr.  Hig- 
enson  hath  remaining  to  himsclfe  at  present ;  and  20  ac^  of 
land  on  the  other  side  the  West  River,  w^h  is  to  lye  amoungc 
the  smalle  lotts. 

Mr.  Gibbard  and  Francis  Newman  were  chossen  in  courte 
by  Mr.  Cafiinch  and  his  brother  Samuell,  to  heare,  and  if  they 
can,  isue  some  differenc  betwixt  them,  aboute  some  land  w^h 
is  to  bee  devided  betwixt  them. 

James  Hayward  entreth  againest  William  Wooden  an  action 
of  defamation,  &  declareth  that  the  saide  William  Wooden, 
hauinge  bine  in  the  Baye  and  returned  home  heither  to  New- 
haven,  hath  reportted  diveres  things  of  hime,  of  his  cariadgc 
in  the  Baye,  w^h  are  not  true,  but  scandalous,  and  to  his 
great  wronge.  As  that  he,  the  saide  James,  went'aboute  w^h 
many  lyes  and  vntruethes,  and  goeing  aboute  to  cleare  mat- 
teres  concerninge  a  maide  there,  hee  made  them  much  worse. 
He  saide  hee  had  discovered  himselfe  to  bee  very  false  harted, 
and  was  perswaded  he  should  neuer  be  received  into  the  church 
againe,  but  if  all  was  known  yt  he  knew,  they  coulde  not  but 
banish  hime  oute  of  the  cuntrye,  and  that  hee  had  discovered 
a  base  frame  of  spirit  when  they  lined  at  Captaine  Turners 
together,  w'^h  things  hee  dissiered  the  saide  William  might 
bee  called  to  answer  for. 

William  Wooden,  being  called  to  answer,  saith,  the  things 
hee  spake  he  heard  Goodey  Pery,  mother  of  the  maide  whome 
James  should  have  had,  speake,  onely  hee  denyeth  that  hee 
saide  if  all  were  knowne  that  hee  knewe,  hee  deserved  banish 
ment,  but  his  wordes  were,  if  al]  were  true  that  he  had  heard. 

Richard  Sparkes  testifyeth  vpon  oath,  that  he  heard  William 
Wooden  saye,  that  James  Haywarde  was  hollo  we  harted,  and 


340  NEW  HAVEN  COLONY  RECORDS.        '  [1647 

dealt  basely  w^li  liime  at  Captaine  Turners,  and  that  he  went 
downe  into  the  Baye  to  cleare  matters  and  made  them  worse, 
and  if  all  knew  that  he  knew,  he  would  bee  banished.  And 
aboute  Mr.  Noris,  that  James  gott  a  letter  written,  makeing 
Mr.  Noris  beleiue  he  gaue  the  woman  and  maide  satisfaction, 
when  hee  did  beleive  ther  was  no  such  thing ;  and  that  James 
saide  a  man  could  not  haue  a  pare  of  shooes  at  Newhauen 
vnder  6%  readie  siluer  ;  and  that  he  caried  lyes  from  henc  to 
the  Baye,  and  brought  lyes  from  thenc  heither,  and  that  this 
was  on  of  the  basest  places  he  euer  came  in. 

Beniamen  Hill  saith,  he  heard  William  Wooden  sayo  James 
was  hoUowe  harted,  and  if  the  church  knew  that  hee  heard, 
he  would  not  bee  received  againe,  and  that  he  would  bee  ban- 
ished if  all  was  true  he  heard,  (or  they  knew  as  much  as  hee,) 
and  that  he  dealt  basely  w4i  liime  at  Captaine  Turners,  as  in 
the  margent. 

John  Mascalle  saith,  that  hee  goeing  into  the  Baye,  went  to 
Goodey  Perys,  the  maids  mother  James  should  haue  had,  she 
asked  hime  howe  James  did,  he  said  he  thought  bad  inoughe, 
for  he  was  cast  out  of  the  church,  she  said  for  what,  he  said 
for  being  drunke,  she  and  her  daughter  said  he  was  much 
given  that  waye  when  hee  was  there.  They  said  they  thought 
to  come  heither,  but  James  discouradged  them,  and  this  pas- 
adge  she  read  in  a  letter,  that  they  could  not  haue  a  pare  of 
showes  hear  vnder  6%  readie  silver,  nor  diett  vnder  5^  6'^  a 
weeke,  and  that  there  was  hardly  any  imployment  for  men. 
Aboute  her  daughter  she  saide,  he  gaue  her  no  satisfaction, 
but  went  to  Mr.  Noris  and  w'li  colouging  wordes  gott  a  letter. 

The  court  considering  the  premises,  and  seing  ther  is  a 
letter  spoken  of  W^h  Goodey  Pery  hath  of  James  his  wrighting, 
in  W=h,  wheither  ther  be  any  thing  to  discover  further  guile 
in  James,  or  any  thing  further  to  cleare  the  matter  in  hand, 
they  are  not  yett  cleare;  therfore,  the  courte  thinkes  fitt  to 
respitte  it,  only  this  they  judge,  that  William  Wooden  hath 
spread  these  things  in  a  defaming  waye,  and  therfore  must  bee 
bound  to  attende  the  courte  when  they  call  for  hime.  Ther- 
fore it  was  propounded  to  James,  if  he  was  willing  to  respite 
it,  he  saide  yea,  so  William  putt  in  securetie  ;  therfore  the 


1647]    ■  NEW   HAVEN   COLONY  RECORDS.  341 

courte  ordered  that  William  putt  in  securetie.  After  a  small 
space  of  time,  James  Hayward  sertifyed  the  courte  that  he  had 
receiued  securetie  of  William  Wooden  for  his  appearanc,  till 
the  first  of  March  next. 

The  inventorie  of  the  estate  of  Mr.  Thomas  Gregson  de- 
ceased, was  deliuered  into  the  courte,  and  being  viewed,  was 
deliuered  to  the  secretarie  to  be  recorded.* 

Vpon  a  request  from  M''^  Lamberton,  ther  is  a  monethes 
time  given  her  to  Ijring  into  the  courte  an  inventorie  of  the 
estate  her  husband  left. 

[197  bis^  II  Harvie  declareth,  that  aboutc  a  ycare  agoe  he 
propounded  some  termes  to  Mr.  Pell  aboute  some  beavor,  that 
is  to  saye,  if  Mr.  Pell  would  procure  liime  beavor,  he  would 
dcliuer  hime  20  or  30^  worthe  of  goodes  into  his  hand,  and  it 
should  remaine  till  sliipps  returned  againc  from  England  the 
next  yeare,  whervpon  they  came  to  some  termes  of  agreement, 
first  they  bargained  for  a  cowe,  then  for  hoggs.  For  the 
cowe  he  promised  beavor  w^hout  exception,  her  pric  was  6'. 
For  the  hoggs  hee  would  not  absolutly  ingadge  himselfe  for 
beavor,  but  if  the  bargaine  went  on,  if  hee  payde  not  in  beavor 
heare,  he  would  paye  in  England,  but  if  beavor  came  in,  he 
should  bee  payde  in  that  heare.  And  sine  that  time,  Mr.  Pell 
tould  the  saide  Goodman  Harvie,  he  had  beavor  for  hime,  and 
he  being  at  Mr.  Pells  house,  when  his  barko  came  from  Dela- 
ware Baye,  the  l^cavor  then  coming  into  his  house,  he  said  he 
had  not  sent  his  barke  theither  but  for  beavor  for  hime,  and 
he  said  he  thought  he  had  gott  so  much  as  would  paye  hime ; 
but  not  longe  -after  he,  the  said  Goodman  Harvie,  came  to  re- 
ceive it,  Mr.  Pell  said  hee  had  it  not,  nor  was  hee  ingadged  to 

*  "  An  inventorie  of  the  estate  of  Mr.  Thomas  Gregson,  taken  the  2nd  of  the  9th 
month,  1C17."  Real  estate  £246.  Personal  estate  £225, 19,  6.  Debts  £18,  7.  Total 
£490,  6,6,  signed  Mathew  Gilbert,  Richard  JMiles. 

The  estate  is  Cr.  to  Phillip  Leeke  £1,  7,  to  Burwood  of  Stratford  £1,  5,  to  Adam 
Nicolls  £1,  5,  to  an  adventure  in  the  Susan  to  Barbadoes  £14,  2,  to  John  Gregory 
£0,  8. 

The  estate  is  Dr.  to  Mr.  Stephen  Goodyeare  £6,  to  Mr.  John  Evance  £3,  6,  to 
Henry  Lindolle  £6,  5,  2i-,  to  the  towne  for  rates  £0,  7,  8,  to  the  partable  acco.  of  Mr. 
Stephen  Goodyere  and  Mr.  William  Hawkines  £40,  7,  23,  to  Mr.  Davenport,  £3,  4,  to 
airs.  Lamberton  £3,  2,  11,  to  Mr.  Malbon  £2,  7,  to  Edward  Wigglesworthe  £10,  6,  to 
Thomas  Wheeler  £1,  16,  5,  to  Jilr.  Butler  £36,  4,  9,  to  Mr.  Ling  £10,  to  Mrs.  Turner 
£1,  6,  to  several  in  smaller  sums  £1,  10,  total  £126,  3,  2. 


342  NEW   HAVEN   COLONY  RECOEDS.  [1647 

paye  beavor,  and  bide  hime,  the  said  plantifFe,  prove  that  he 
was  to  give  a  bill  for  England.  The  plantiffe  asked  hime 
what  paye  he  was  to  have,  he  said  if  he  had  gon  to  England, 
he  would  have  given  hime  a  bill.  Mr.  Attwatter  saith,  he 
heard  Mr.  Pell  saye,  if  Goodman  Harvie  had  gone  himeselfe 
for  England,  he  would  haue  given  hime  a  bill  out  of  curtesy e. 

Mr.  Evanc  saith,  he  heard  Mr.  Pell  saye,  he  was  to  provide 
beavor  for  Goodman  Harvie,  but  in  refferenc  to  the  bargaine 
he  can  saye  nothinge. 

Mr.  Pell  answered,  that  for  the  cowe  he  did  acknowledg 
beavor,  but  for  the  hoggs  the  trueth  is,  Goodman  Harvie  vrged 
hime  to  take  them,  he  denyed  it  many  times,  but  when  hee 
brought  them  and  they  were  killed,  he  then  demaunded 
beavor  or  bills  for  England,  at  w'^h  Mr.  Pell  saith  he  wonder- 
ed, and  denyed  it,  but,  as  a  frond  in  curtesy,  promised  to  doe 
what  hee  could,  Imt  no  pcrtickular  paye  was  expressed  in  the 
bargaine. 

Goodman  Harvie  saith  he  first  made  a  punctiall  bargaine 
before  he  brought  his  hoggs,  that  is  to  saye,  6^  in  beavor  for  a 
cowe,  and  porke  at  3*1  the  pound,  to  the  vallow  of  twenty 
pounds  in  beavor,  or  a  bill  for  England,  for  some  wampomc  he 
left  at  his  house.  Mr.  Pell  said  it  laye  by  as  he  l)rought  it, 
and  so  he  should  haue  it  againe. 

Mr.  Pell  obiected  against  on  of  the  hoggs  w^h  was  miselled, 
W^h  Goodman  Harvie  was  willing  to  let  goe  at  2'^  a  pound, 
wh  hogge  waide  about         ^ 

Mr.  Pell  was  asked  wheither  he  had  any  more  to  saye,  he 
said  no,  then  the  court  proceeded  to  censure,  but  being  devided 
in  the)'  apprehensions,  would  not  isue  it  at  that  time,  but  after 
by  an  appeale  by  Goodman  Harvie  it  was  brought  before  the 
generall  courte  for  the  jurisdiction  which  then  was  sitting 
at  Newhauen,  and  they,  hauing  heard  the  case,  did  incline 
to  perswade  the  plantiffe  and  defendant  to  isue  it  themselues, 
so  Goodman  Harvie  propounded  to  Mr.  Pell,  that  if  he  would 
paye -for  the  cowe  presently  in  beavor,  and  for  the  hoggs  in 
good  marchantable  beavor  at  8'^  the  pound  in  June  next,  he 
would  be  content  to  staye,  Mr.  Pell  giveing  hime  good  secure- 
tie  for  it.     This  offer  Mr.  Pell  accepted,  so  that  the  case  isued 


1647]  NEW   HAVEN   COLONY  RECOEDS.  343 

thus ;  what  is  in  Mr.  Pells  booke,  as  a  just  debte  due  to  hime 
by  Goodman  Harvie,  is  to  b§  deducted  out  of  the  debte  for  the 
cowe  and  porke ;  2'^  p  ^  is  to  be  allowed  for  the  miselled  hogge, 
for  the  rest  of  the  porke  3*^,  p  ',  and  what  remaines  vpon  this 
debte,  the  cowe  being  payde  for  in  beavor  presently,  he  is  to 
haue  in  June  next,  in  good  marchantablc  beavor,  at  8^  p  i. 

The  Gouerner  tould  Mr.  Pell  he  was  warned  to  bringe  in 
the  inventorie  of  his  wives  estate,  left  l)y  her  former  husband ; 
he  said  he  could  not,  because  accounts  was  not  nor  coulde  not 
yett  be  made  vp,  but  he  was  tould  he  must  bring  it  in  as  farr 
as  it  can  goe;  he  dissiered  time  till  the  next  court  and  he 
would  doe  it,  and  it  was  granted  hime. 

Mr.  Pell  was  asked  for  his  wines  fine,  he  dissiered  more  lib- 
ertie  to  consider  of  it,  the  courte  tould  hime  they  conceived 
ther  was  forbearanc  inoughe  allreadie,  but  yett  they  granted 
hime  libbertie  till  the  next  monthly  courte. 

Mr.  Evanc,  for  M''^  Lamberton,  declareth,  that  Mr.  Pell, 
possesing  the  estate  o'f  Mr.  Francis  Brewster,  by  mariage  of  his 
wife,  is  debto'"  to  M^is  Lamberton,  401;  06^:  02*^,  as  appeares 
vpon  account  in  M"^  Lambertons  booke. 

Mr.  Pell  said  Mr.  Brewster  left  behinde  hime  a  bill  of  his 
debts,  in  w'^h  is  Mr.  Lamberton  3^  in  his  debte,  beside  they 
wear  ptners  in  some  goodes  they  bought  together,  but  those 
accounts  for  ought  he  knowes  are  lost. 

Mr.  Evanc  saith  it  is  true  that  ther  was  a  ptable  account 
betwixt  them,  w^li,  as  is  conceived,  was  isued  betwixt  them 
before  they  went  henc,  beside  this  proper  acc°  now  demaund- 
ed,  and  for  that  he  offered  proofe,  first  by  Rogger  Allen,  whoc 
had  pt  of  those  goodes  wh  were  ptable  betwixt  them. 

Rogger  Allen  testifyeth  vpon  oathe,  that  he  bought  some 
iorn  and  coales  of  Mr.  Lamberton,  in  W^h  he  conceiveth  Mr. 
Brewster  had  part,  and  thinkes  he  had  some  of  them  before 
they  were  emptyed.  Mr.  Lamberton  sent  for  hime,  and  tould 
hime  if  he  would  take  them  together,  he  would  gaine  but  a 
litle  by  them,  he  bought  about  20^  worth  of  them,  and  was  to 
paye  in  wheat.  A  little  before  the  shipp  went,  Mr.  Lamber- 
ton and  Mr.  Brewster  demanded  it,  and  Mr.  Brewster  thought 
much  it  was  not  payde,  but  this  deponent  could  not  gitt  it  in 


344  NEW   HAVEN   COLONY  EECORDS.  [1647 

time,  and  therfore  tould  liime  he  would  allowe  whateiier 
damadge  hee  susteined  for  want  of  due  payement,  so  they  had 
[198]  a  meeting  aboute  the  acc°  at  Mr.  Lambertons,  |1  and 
they  appointed  this  deponent  to  come,  whoe  was  ther  as  he 
coceives,  more  then  one  or  twic,  at  last  the  reckoning  was 
agreed,  and  they  together  demaunded  damadge  for  10^,  not 
payde  in  time,  and  they  had  it,  so  vv^ee  isued.  After  this  time, 
Mr.  Brewster  spake  no  more  for  the  wheat,  thoughe  he  had 
bine  very  earnest  for  it  before,  nor  did  he,  after  this,  offer  the 
remaining  pt  of  the  coales,  thoughe  before  he  had,  but  this 
deponent  conceiveth  that  that  day  they  went  awaye,  he  was  at 
Mr.  Lambertons,  and  vpon  speech  of  the  debte,  Mr.  Lamberton 
tould  hime  he  must  paye  it  to  his  wife,  for  so  it  is  agreed, 
saide  hcB,  in  makeing  vp  our  accounts,  and  for  the  rest  of  the 
coales,  saide  hee,  I  would  faine  haue  the  take  them,  and  I  will 
take  paye  for  them  in  England,  of  jo^  father. 

M^is  Linge  testify eth  that  they  being  to  by  some  things  of 
Mr.  Brewster,  they  dissiered  Mr.  Lamberton  to  paye  hime, 
w^h  he  sayd  he  would  doe,  l)ut  they  hearing  Mr.  Brewster 
complaining  of  the  badness  of  the  paye  of  this  place,  fearing 
least  it  should  be  offencive  to  hime,  they  went  and  payd  hime 
themselues  in  mault,  and  after,  told  Mr.  Laml^erton  they  had 
satisfyed  hime  for  those  things  he  was  to  paye  for  for  them, 
Mr.  Lamberton  said  he  was  sorie,  for  he  had  accounted  w'h 
Mr.  Brewster,  and  Mr.  Brewster  was  in  his  debte. 

Mr.  Evanc  further,  to  proue  the  proper  debte,  (beside  the 
booke  vnder  Mr.  Lambertons  hand  produced  in  courte,) 
offered  the  testimony  of  Phillip  Leake,  and  of  Mary  ^  , 
w^^h  was  Mr.  Lambertons  servant. 

Phillip  Leeke  testifyeth  vpon  oath,  that  Mr.  Lamberton  and 
Mr.  Brewster  being  at  his  house,  as  he  takes  it  that  day  cap- 
taine  Turner  went  aboard  to  goe  awaye,  he  heard  Mr.  Lam- 
berton saye  Mr.  Brewster  owed  hime  45i,  and  he  heard  Mr. 
Brewster  make  no  replie  against  it. 

Mary         ^  ,  saith  that  the  Lords  day  at  night,  before 

her  master  went  awaye,  hauing  sate  vp  late  to  cast  vp  the 
accounts,  she  heard  hime  saye  that  Mr.  Brewster  owed  hime 
451,  beside  the  cordadge. 


1647]  NEW   HAVEN   COLONY   RECOEDS.  345 

Mr.  Pell  obiected  against  some  coate  beavor  at  12s  p  i^  w'^h 
was  brought  to  10%  and  against  some  turtle  shells  at  8%  w^^h 
was  allso  brought  to  7^ :  6^  p  ',  and  tlier  was  halfe  a  quarter  of 
beefe,  ye  waight  not  knowne,  w^h  was  rated  at  10%  so  that  the 
debte  is  brought  to  44',  17%  08^. 

Mr.  Evanc  was  asked  if  he  had  any  more  to  saye,  he  an- 
swered, for  the  cordadge  and  stufe,  he  conceived  it  is  cleared 
to  the  courte,  for  the  stufe  was  returned  and  the  cordadge  en- 
tered vpon  acc° .  The  ptaljle  ace"  he  conceiveth  is  cleared  1  )y 
Rogger  Allen  and  M'"'^  Lingo,  and  the  proper  ace"  by  Phillip 
Leeke  and  Mary  ^  .  And  by  the  booke  w^li  is  pro- 
duced. 

Mr.  Pell  was  asked  if  he  had  any  more  to  saye,  he  spake  of 
the  cordadge,  and  passadg  of  a  maid,  and  some  wine ;  he  was 
told  that  what  appeared  to  be  justly  due  to  himc  must  Ijc 
allowed. 

Bothe  ptics  hauing  had  libbertie  to  saye  as  much  as  the 
would  to  the  case,  the  courte  proceeded  to  judgment,  w'li  is 
this ;  that  they  judge  that  the  ptaljlc  acc"  was  cleared,  and  for 
the  debte  demaundcd  of  Mr.  Pell  by  M^'s  Lamberton,  44' : 
17**:  08^,  hath  bine  proved,  and  must  be  payde  to  M'"'s  Lam- 
berton by  Mr.  Pell,  provided,  that  what  debtes  Mr.  Pell  makes 
appearc  to  be  oweing  to  hime,  must  be  deducted. 

Richard  Beech  dissiered  of  the  courte  that  he  might,  till 
further  order,  retaine  in  his  hands  the  estate  of  William  lies, 
deceased ;  but  he  being  not  fitted  to  give  in  sufficient  secure- 
tie,  it  was  respited  till  another  courte. 

John  Meges  declareth  that  at  two  severall  times  or  agj-ee- 
ments,  he  bargained  with  Henery  Gregory  of  Stratford  to 
make  14  dosson  of  shooes,  and  was  to  give  hime  12'^  a  pare  for 
makeing  them,  carying  them  to  hime  readie  cutt  out.  That 
he  payde  48^  of  this  Ijcfore  hand,  and  6^  more  he  was  to  liaue 
when  he  had  done  halfe  the  worke.  He  was  to  doe  it  well  and 
sufficiently.  That  Goodman  Gregory  hath  made  13  dosson  of 
them,  but  they  are  all  naught  and  fall  in  peces,  some  in  a 
weeke,  some  in  14  dayes  time,  so  that  the  plantiffe  is  damadged 
both  in  his  name  and  estate.  In  his  name,  bothe  at  Connecti- 
cote,  Long  Island,  Totoket,  Guilford,  Stratford,  Farefeild,  they 
44 


346  NEW  HAVEN  COLONY  RECORDS.         [1647 

all  cry  out,  and  some  thinke  the  plantiffe  worthy  to  be  putt 
in  prisson.  And  by  reasson  of  it  he  further  saith,  he  hathe 
bine  forced  to  breake  ingadgments  w^h  Mr.  Evanc,  wlioe 
should  haue  received  30^  worth  of  this  ware,  and  he  turned  it 
backe  as  vnmarchantable,  and  what  damadge  will  come  fur- 
ther, he  knoweth  not.  Beside  it  hath  hindered  hime  in  his 
trade  to  his  great  damadge,  he  being  on  that  deales  w^h  many 
people,  they  haue  shuned  to  by  any  ware  of  hime.  The  plan- 
tiffe further  saith  that  Goodman*  Gregory  hath  not  onely  made 
the  ware  badely,  but  hath  spoyled  the  leather  by  layeing  them 
[199]  in  the  sand  ||  that  some  of  them  are  rotten,  they  were 
ptly  couered  w^hin  and  w'liout,  and  the  pttye  that  fetched 
them  was  faine  to  washe  them  to  make  them  cleane.  Further 
he  hath  altered  the  propertie  of  the  ware,  for  whereas  he 
should  haue  made  some  wooden  heelcs,  and  had  wherw^hall 
to  doe  it,  he  made  them  plaine,  and  by  that  is  Mr.  Evanc  dis- 
apointed  allso ;  and  some  of  them  he  hath  made  a  size  shorter 
tlien  he  should,  and  some  of  the  9,  marked  them  w^h  the  10. 
He  complained  for  a  last  I  sent  hime  one,  yett  he  made  them 
as  he  did  before.  Lastly  the  plantiffe  saith,  it  is  to  his  hin- 
dranc  that  he  hath  laide  out  this  money  so  longc  before  hand. 
Hcnery  Gregory,  the  deffendant,  saith,  that  he  received  a 
hide  from  John  Meges  at  48^  pric,  for  which  hide  he  was  to 
make  hime  4  dosson  of  shooes  w^h  came  to  48^ ;  pt  of  this  he 
did  before  the  other  bargaine,  and  he  sawe  the  ware  and  ac- 
cei3ted  it,  and  Mr.  Evanc  tooke  it  as  currant  and  good,  but  it 
proved  not  so.  The  plantiffe  seing  this  ware,  agreed  for  the 
rest,  but  liee,  this  deffendant,  before  the  agreement,  told  the 
plantiffe  he  would  make  no  more  of  such  leather.  The  j^lan- 
tiffe  promised  bothe  better  leather,  and  to  procure  hempe  from 
Connecticote  to  sow  the  showes  w*h,  but  did  not  performe  ac- 
cordingly, so  that  the  deffendant  was  forced  to  ]juy  flax  at  18^^ 
pi,  and  sowed  them  w^h  flax.  The  plantiffe  bringing  more 
worke,  the  deffendant  saith  he  told  hime  the  bargaine  was  to 
carye  away  that  was  done,  he  said  it  laye  better  then  he  could 
laye  it,  so  left  some  of  it  till  the  3th  or  4*^  of  Nouember.  The 
deffendant  minded  hime  of  his  promise  to  bringe  l^etter  leather, 
&  told  hime,  this  is  as  bad  or  worse  then  the  first,  that  if  he 


1647]  NEW   HAVEN    COLONY   RECORDS.  347 

had  not  better  leather  he  would  doe  no  more,  and  added,  it  is 
pittie  but  the  tanner  should  be  hanged  w^h  tanned  it,  for  he 
cossens  the  cuntryc,  but  he  said  it  was  not  the  tanners  fault 
alltogether,  he  the  plantiffe  was  faine  because  of  Mr.  Evanc  his 
hast,  to  take  it  out  when  neither  the  tanner  nor  himselfe  could 
tell  wheither  it  was  tanned  inoughe  or  no.  The  deffendant 
dissiered  to  haue  hemp,  the  plantiffe  said  that  thred  would 
last  as  longe  as  the  leather ;  so  this  deffendant  went  on  and 
did  the  worke,  all  but  on  dosson,  but  he  neglected  to  fetch 
them  awayc.  Some  leather  the  plantiffe,  or  some  for  hime, 
left  at  Moses  Wheelers,  w^h  his  wife  tooke  vp  &  rent  the 
graine  from  the  flesh,  and  some  of  the  leather  is  to  be  scene 
in  the  townc  at  Mr.  Evanc  his  house.  The  defendant  saith 
further  yt  he  tooke  out  y^  best  pare  of  slioocs  he  could  picke 
out  of  the  first  4  dosson  ;  Mr.  Blackmans  sunn  had  them,  and 
in  a  short  time  they  tare  out  in  the  whole  leather.  For  makc- 
ing  the  showes  losse  then  they  were  cutt  out,  it  was  because 
they  were  marked  by  hime  more  then  they  would  reach,  for 
some  w"^h  was  to  be  made  vp  of  y^  tens,  would  not  reach  a 
nynes  last,  but  would  tcarc,  they  were  so  little  and  the  leather 
so  bad.  And  for  markcing  them  longer  then  they  were  made, 
it  was  because  he  sent  me  word  that  I  should  marke  them  as 
he  had  marked  them ;  and  secondly,  he  sent  me  a  last  of  the 
tenns,  w^h  was  not  of  y''  tonus.  The  deffendant  further  saith, 
that  he  lost  15  wcekcs  time  by  the  negligenc  of  John  Meges, 
for  want  of  worke,  contrary  to  agreement,  as  appeares  in  the 
wrighting.  And  for  makeing  the  wooden  lieeles  shooes  other- 
wise then  hee  appointed,  it  was  because  the  deffendant  was 
faine  to  take  those  rands  to  make  welts  for  the  plaine  shooes. 
For  this  the  court  blamed  hime,  telling  hime  he  should  have 
forborne  makeing  them  till  he  had  bine  supplyed  w^^li  matteri- 
alls,  but  Goodman  Meges  saith  he  sent  welts  wUi  all  the  shooes 
he  sent. 

The  plantiffe  and  deffendant  hauing  spooken,  wittneses 
were  called  and  examined. 

Jonathan  Sargant  testifyeth  vpon  oath,  taken  before  the 
gouerner,  the  22t'i  of  October  1G47,  that  he  buying  a  pare  of 
russitt  shooes,  clossed  in  the  inside  at  the  side  seames,  of  Good- 


348  NEW   HAVEN   COLONY  RECORDS.  [1647 

man  Megs,  he  wore  them  at  the  first  2  or  3  times  to  a  neigh- 
bours house,  but  did  not,  that  he  knowes,  then  wctt  the  soales 
of  them ;  secondly  he  wore  them  one  at  the  meeting,  being 
aboute  40  rode ;  3''iy  he  wore  them  one  more  to  the  meeting ; 
that  night  he  walked  downe  to  y^  watter  side,  aboute  60  rod 
from  his  house,  and  then  he  Ijrought  home  y^  soales  of  on  of 
his  shooes  in  his  hand,  and  the  other  lose,  readie  to  fall  of; 
then  he  gott  them  sowed  againe,  and  wore  them  now  and  then, 
but  not  constantly,  for  aweeke  or  a  fortnight,  then  theinsoales 
and  outsoales  and  all  fell  from  the  vper  leather  ;  he  cannot 
remember  that  he  wore  them  any  more  then  this. 

Thomas  Whitewaye  dothe  testifye  vpon  oath,  that  he  bought 
a  pare  of  rnssit  shooes  of  Goodman  Meges  of  Newhauen, 
clossed  in  the  inside  at  the  side  seames  ;  he  wore  them  3  or  4 
dayes  and  then  the  out  soales  ripped,  then  he  sowed  them 
againe  and  wore  them  3  or  4  dayes  more,  and  the  insoales, 
welts  and  all  came  of,  then  he  sowed  them  together  againe, 
and  shortly  after  the  vpper  leather,  seames,  heeles  and  sides 
ripped,  so  as  that  they  would  not  hange  vpon  his  fecte,  the 
vper  leathers  being  not  broken,  nor  the  out  soales  so  much  as 
broken  at  the  toes,  insomuch  that  this  deponent  said,  bethought 
it  was  fitt  Goodman  Megs  should  be  putt  in  prisson  for  so 
coussining  the  cuntery,  and  he  doth  expect  sattisfaction  from 
Goodman  Meges. 

[200]  II John  Parmele  of  Guilford  testifyeth  vpon  oath, 
taken  before  Mr.  Disbrowe,  the  first  of  Nouember,  1647,  that 
he  bought  a  pare  of  shooes  w'^li  came  from  Goodman  Meges  of 
Newhauen,  russet,  clossed  in  the  insides  at  the  side  seames,  and 
that  wearing  them  but  6  dayes,  or  7  dayes  at  the  moste,  the 
soales  ripped  from  the  vper  leathers. 

Samuell  Netelton  of  Totokett  doth  testifye  vpon  oathe, 
taken  before  the  gouerner,  the  4^^  day  of  Nouember  1647, 
that  he  bought  a  pare  of  shooes  of  Goodman  Meges  of  New- 
haven,  russed,  clossed  in  the  inside  at  the  side  seames,  for  his 
wife,  she  put  them  on  on  the  Lords  day,  and  the  next  third 
day  morning  they  wcare  ripped,  the  soales  being  good,  neither 
shranke  nor  hornie  that  I  could  perceive.     And  he  allso  testi- 


1647]  NEW   HAVEN   COLONY  RECORDS.  349 

fyed  that  for  and  in  consideration  of  satisfaction  from  Good- 
man Megs,  he  expecteth  a  new  pare. 

Marke  Meges  testifyeth  ypon  oath,  taken  before  the  goner- 
ner,  the  16'^  of  Noiiember  1647,  that  he  being  at  Stratford  to 
fetch  home  the  shooes  that  were  made  by  Henry  Gregory  for 
Jn"  Meges,  he  found  'the  shooes  lying  in  the  sand,  many  of 
them  being  ptly  couered  w^h  the  sand,  bothe  w^hin  and  w'h- 
oute,  so  that  he  was  forced  to  take  awaye  the  sand  with  his 
hands  to  come  at  them,  and  handed  them  to  Ralphe  Loines, 
whoe  handed  them  to  old  Gregory,  whoe  washed  them  in  wat- 
ter  to  wash  awaye  the  sand  and  filthe  from  them.  Allso  he 
testifyeth  that  he  seing  the  old  man  workc  w*h  a  very  great 
aule  and  a  small  thred,  w^h  very  litle  wax,  Ijlamed  hime  for 
it.  That  at  that  time  they  left  some  behinde  that  were  not 
made. 

Other  testimonies  were  deliiiered  in  wrighting  to  the  courte 
to  the  same  purpose,  but  not  vpon  oathe. 

Goodman  Gregory  pleaded  that  it  was  the  badnese  of  the 
leather  w<=h  was  the  cause  of  the  shooes  ripping  and  falling 
apeces,  for  the  leather  was  liornie  and  not  tanned.  The  court 
bad  Goodman  Gregory  prove  that. 

Mr.  Evanc  saitli  that  being  at  Mr.  Blackemans,  they  had 
speech  of  these  shooes.  M''-''  Blackman  said  that  after  2  or  3 
dayes  wereing,  the  leather  was  like  flaps  of  a  shoulder  of 
mutton ;  and  Mr.  Evanc  further  saith  that  he  sold  shooes  of 
these  to  a  ptie  himselfe,  and  the  leather  was  so  bad  that  the 
ptie  would  not  have  them. 

Mr.  Blackman  saith  that  his  sonn  had  a  pare  of  shooes  of 
these,  w^h  he  thinkes  lasted  not  aboue  3  weekes,  then  they 
broke  in  the  whole  leather,  and  another  pare  of  shooes 
mended  for  another  of  his  sonns  wUi  some  of  that  leather, 
w'^h  in  on  dayes  wereing,  being  wett,  was  spoyled. 

Juda  Gregory  testifyeth  vpon  oath,  that  he  looked  vpon  pt 
of  the  leather  w^h  his  father  was  to  worke  of  Goodman 
Meges,  and  some  of  it  was  so  hornie  that  according  to  his 
judgment,  no  man  could  make  shooes  to  pase  his  word  on 
them  to  hold.  Allso  shooes  so  tainted,  thoughe  they  might 
seeme  to  be  tanned,  yet  they  would  not  hold  that  a  man  was 


360  NEW  HAVEN  COLONY  RECOKDS.  [1647 

able  to  justifye  himselfe  or  the  leather  in  it.  Allso  that  his 
father  complained  to  hime,  this  deponent,  and  himselfe  sawe 
shooes  of  the  tenns  marked  for  eleuens,  that  by  a  size  he  could 
not  sowe  them  either  for  credite  to  himselfe  or  proffitt  to  the 
cuntery.  Allso  that  Goodman  Royes  showed  hime  shooes  he 
made  for  Goodman  Meges  and  he  could  not  last  them,  but 
was  faine  to  sett  them  on  a  last  a  size  shorter  then  Goodman 
Meges  would  haue  them  made.  Allso  that  Goodman  Meges 
would  have  had  this  deponent  wrought,  but  he  sawe  the  lether 
so  bad  that  if  he  neucr  wrought  more  he  would  not  workc  it, 
in  regard  of  the  vncomfortablnese  to  worke,  l)ecause  it  was 
hornic,  and  so  litle  that  it  would  not  come  together,  and  be- 
cause it  would  be  a  wronge  to  the  cuntery.  Further  he  saith 
that  Goodman  Royes  told  hime  that  he  complained  to  Good- 
man Meges  of  cutting  his  shooes  so  litle,  he  strangcd  at  it,  but 
Royes  told  hime  he  lost  by  cutting  his  scales  so  bigc  and  his 
vpcr  leather  so  litle,  but  Goodman  Meges  said  he  did  not  vsc 
to  doe  so.  For  the  lying  of  the  shooes  in  the  sand,  this  de- 
ponent saith  he  tooke  a  pcell,  pare  by  pare,  from  the  place 
where  those  laye  that  Marke  Meges  fetched  away,  and  they 
laye,  in  his  aprehension,  w^hout  any  damadge,  w^hout  any 
sand  in  any  pare  that  he  coulde  discerne,  though e  he  cannot 
saye  they  were  the  same  pccll  that  Marke  Meges  fetched 
awaye,  thoughe  it  was  aboute  that  time. 
[201]  II  Moses  Wheeler  testifyeth  vpon  oath,  taken  before 
Captaine  Astwoode,  the  30^^  of  Nouember  1647,  that  Good- 
man Meges  his  man  left  some  leather  at  his  house  for  Good- 
man Gregory,  and  the  next  day  his  wife  tooke  vp  some  of  it 
in  her  hand  and  said  she  tliought  it  was  tainted,  and  pulling 
it  bctweene  her  hands  it  did  teare  wUi  ease,  and  this  he  licard 
&  sawe.  Further  he  saith  he  heard  Goodman  Gregory  saye 
at  on  time,  (but  wheither  at  y^  time  before  mentioned  he  can- 
not tell,)  that  he  was  sicke  of  that  leather,  and  that  he  should 
neuer  have  credit  of  it  for  his  worke,  nor  they  profitt  that 
should  weare  it,  and  further  he  saith,  that  he  speaking  w^h 
Goodman  Gregory  aboute  a  pare  of  shooes,  he  answered  it 
was  not  fitt  to  were  in  this  cuntery,  for  it  was  to  be  caryed  out 
of  the  cuntery,  and  that  he  durst  not  pase  his  word  vpon  it. 


1647]  NEW   HAVEN   COLONY  RECORDS.  351 

The  wife  of  William  Crooker  testify eth  vpoii  oathe,  taken 
before  Captaiiie  Astwoode,  the  30'^'»  of  Nouember  1647,  that 
when  Goodman  Meges  came  for  the  shooes,  he  sawe  them  lye 
vpon  a  sandye  bench  in  the  sellar,  and  he  said  he  liked  the 
lying  of  them  very  well,  saying  to  her  father  he  could  not  laye 
them  better.  And  her  father  finding  fault  with  the  horny- 
nesse  of  the  leather,  that  the  flax  would  not  hold  it,  Good- 
man Meges  answered  that  the  next  weeke  he  would  goe  to 
Connecticote  and  gett  hime  hempe,  but  he  said  he  thought 
•  the  flax  would  last  as  longe  as  that  leather,  but  after  Goodman 
Meges  was  gon,  and  delaied  to  fetch  awaye  the  shooes,  her 
father  wiped  them  wUi  a  cloth,  and  tooke  some  clapbords  and 
other  things,  and  laide  vnder  them.  And  further  she  saith, 
her  father  blamed  the  tanner  for  the  leather  not  Ijcing  well 
tanned,  Goodman  Meges  answered  he  could  not  blame  the 
tanner  so  much,  for  he  was  fainc  to  take  it  oute  before  it  was 
tanned.  She  saith  further,  she  sawe  it  teare  in  peces  when 
her  father  put  it  vpon  the  last,  and  on  shooe  her  father  was 
faine  to  pece  on  the  side. 

The  court  having  heard  those  things  on  bothe  sides  did 
thinke  there  was  a  fault  in  bothe,  and  that  the  cuntery  was 
much  wronged  in  this  wayc,  therfore  they  were  willing  to  call 
in  some  workemcn,  bothe  shoemakers  and  tanners,  that  they 
might  see  it  and  judge  whose  the  fault  was,  and  so  give  into 
the  courte  what  light  they  coulde.  To  this  ppose,  some  of 
the  shooes  thus  made  was  brought  from  Mr.  Evanc,  w'^'h  were 
some  of  the  best  of  them,  and  the  court  called  and  dissiered 
Leivtenant  Seely,  Goodman  Dayton,  Goodman  Groue  of  Mill- 
ford,  shoemakers,  and  Goodman  Osborn  and  Seriant  Jeffery, 
tanners,  to  take  those  shooes  aside  and  veiwe  them  well,  and 
if  ther  be  cause,  ripe  some  of  them,  that  they  maye  give  into 
the  courte  according  to  ther  l)est  light,  the  cause  of  this 
damadge.  They  did  so,  and  returned  this  answer,  Leivtenant 
speaking  in  the  name  of  the  rest.  Wee  aprehend  this,  that 
the  leather  is  very  bad,  not  tanned,  nor  fitt  to  be  sold  for  ser- 
vicable  leather,  but  it  wrongs  the  cuntry,  nor  can  a  man  make 
good  worke  of  a  great  deale  of  it.  And  wee  find  the  worke- 
manship  bad  allso,  first  ther  is  not  sufficient  stufe  put  in  the 


352  NEW  HAVEN  COLONY  RECORDS.  [1647 

thred,  and  instead  of  hemp  it  is  flax,  and  the  stiches  are  two 
longe,  and  the  threds  not  drawne  home,  and  ther  wants  wax 
on  the  thred,  the  aule  is  to  bige  for  the  thred.  We  ordinarily 
put  in  7  threds,  and  hear  is  but  5  ;  so  that  according  to  our 
best  light  wee  laye  the  cause  liothe  vpon  the  workemanship 
and  the  badnesse  of  the  leather. 

Goodman  Gregory,  vpo  this  testimony,  seemed  to  be  con- 
vinced that  he  had  not  done  his  pt,  but  then  laide  the  fault  on 
Goodman  Meges,  that  he  was  the  more  slight  in  it  thourough 
his  incouradgment,  whoe  said  to  hime  flap  them  vp,  they  are 
to  goe  farr  inoughe. 

William  Hooke  junf  testifyeth  vpon  oath,  that  he  clearly 
remembreth  Goodman  Gregory  was  makeing  2  pare  of  shooes 
in  their  shopp,  Goodman  Meges  came  in  in  the  meane  time, 
and  he  said  to  Goodman  Gregory,  flapp  them  vp  together, 
they  are  to  goe  farr  inoughe. 

John  Gregorie  testifyeth  vpon  oathe,  that  Goodman  Meges 
said,  flapp  them  vp  together,  they  are  to  goe  farr  inoughe,  this 
was  aboute  the  beginng  of  the  last  bargaine,  w^h  was  for  the 
10  dosson. 

Concerning  the  15  weekcs  time,  w^h  Goodman  Gregory 
dcmaunds  damadge  for,  that  is  to  saye,  from  July  to  Nouem- 
ber,  it  did  appeare  by  Goodwife  Meges  her  testimony  in  court, 
that  she,  from  her  husband,  told  Goodman  Gregory  at  the 
faire  in  September,  that  her  husl^and  was  discouradged  to 
send  hime  any  more  worke  because  his  worke  was  naught, 
thoughe  liee  had  more  worke  readie  cutt  out. 

John  Gregory  saith,  that  aboute  the  time  of  the  bargaine  he 
gaue  Goodman  Meges  some  cautions,  because  his  father  was 
old  and  his  eyesight  failed  hime,  and  he  durst  not  imploye 
hime  himeselfe,  for  he  could  not  doe  as  he  had  done. 

Mr.  Evanc  was  asked  the  cause  why  he  turned  the  shooes 
vpon  Goodman  Meges  his  hand,  he  said  the  maine  reasson  was 
the  badnesse  of  the  leather,  thoughe  he  allso  excepted  against 
the  vorkemanship. 

Goodman  Meges  was  called  to  propound  his  damadge,  he 
instanced  first  in  his  name,  2<iiy  damadge  to  Mr.  Evanc,  S'^'y 


1647]  NEW   HAVEN  COLONY  RECORDS.  353 

liis  ware  being  turned  vpon  bis  band,  4'i'y  bindranc  in  his 
trade,  5'^^y  money  payde  severall  men  for  satisfaction. 
[202]  II  Tbe  plantiffe  and  deffendant  professing,  vpon  tbe 
courts  demaund,tbat  tbey  bad  no  more  to  saye,  and  tbe  courte 
considering  tbe  case  as  it  bad  bine  presented,  debated  and 
proved,  found  tbem  botbe  faultie.  Goodman  Gregory  bad 
transgresed  rules  of  rigliteousnes,  botb  in  refferenc  to  tbe 
cuntery  and  to  Goodman  Meges,  tbougbe  bis  fault  to  Good- 
man Meges  is  tbe  more  excuseable,  because  of  tbat  incourage- 
ment  Goodman  Meges  gaue  bime  to  be  sligbt  in  bis  workeman- 
sbipp,  tbougbe  be  sbould  not  bave  taken  any  incouragement 
to  doe  evill,  sbould  bane  complained  to  some  magistrate,  and 
not  bave  wrougbt  sucb  leatber  in  sucb  a  manner  into  sbooes, 
by  w^b  tbe  cuntery,  or  wbosoeuer  wen  res  tbem,  must  be 
deceived.  But  tbe  greater  fault  and  guilt  lyes  vpon  Jobn 
Meges  for  putting  sucb  vntanned,  borny,  vnservicable  leatber 
into  sbooes,  &  for  incourageing  Goodman  Gregory  to  sligbt 
workemansbipp,  vpon  a  motive  tbat  tbe  sbooes  were  to  goe  farr 
inougbe,  as  if  rules  of  rigliteousnes  reacbcd  not  otber  places 
&  cuntryes. 

Tbe  Court  proceeded  to  sentenc,  and  ordred  Goodman 
Meges  to  paye  10'  as'a  line  to  tbe  jurisdiction,  w^b  satisfaction 
to  every  perticuler  person,  as  damadge  sball  be  required  and 
proved.  And  furtber  tbe  court  ordered  tbat  none  of  tbe  faul- 
tie sbooes  be  caryed  out  of  tbe  jurisdiction,  to  deceive  men, 
tbe  sbooes  deserving  ratlier  to  be  burnt  tben  sould  if  tber 
bad  bine  a  lawe  to  tbat  purpose  ;  yett  in  tbe  jurisdiction  tbey 
maye  be  sould,  but  tben  only  as  deceitfuU  ware,  and  tbe  buyer 
maye  knowe  tbem  to  be  sucb.  Tbey  ordered  allso  Goodman 
Gregory,  for  bis  sligbt,  faultie  workmansbipp  and  fellowsbipp 
in  tbe  deceipt,  to  paye  5'  as  a  fine  to  tbe  jurisdiction,  and  to 
paye  tbe  charges  of  the  courte,  and  tbat  be  require  nothing 
of  Goodman  Meges  for  bis  lose  of  time  in  this  worke,  wheither 
it  were  more  or  lesse  ;  and  tbe  court  thought  themselues  speed- 
ily called  and  seriously  to  consider  bow  these  deceipts  maye  be, 
for  time  to  come,  prevented  or  duely  punished. 
45 


354  NEW   HAVEN   COLONY  RECORDS.  [1647 

A  Generall  Court  the  IStii  of  October  1647. 

Mr.  Wakeman,  Francis  Newman  were  chossen  deputies  fo 
the  jurisdiction  generall  courte. 

Mr.  Gibbard,  Mr.  Crane,  Jn"  Gibbs,  Francis  Newman  chos- 
sen deputies  for  the  plantation  courte  of  Newliaven. 

Francis  Newman  chossen  secretarie  for  Newhaven  for  j^ 
next  yeare. 

Thomas  Kimberlie  chossen  marshall  for  the  next  year  for 
the  towne  of  Newhaven. 

Brother  Pery  had  libbertie  to  depart  the  courte,  to  goe 
aboate  the  Phenix. 

The  Gouerner  one  againc  dissiered  that  the  coUcdg  corne, 
W^h  is  yett  behinde  of  the  last  yeare,  might  be  caryed  in  to 
the  collector's  ;  hee  allso  propounded  that  seing  corne  is  now 
more  plentifull  then  in  the  sumer,  that  tlierfore  now  collecto'"® 
might  be  chossen  to  gather  it  for  the  next  yeare,  but  it  was 
respited  to  another  courte,  that  so  the  former  collecto"  might 
finish  their  worke. 

The  Gouerner,  magistrats  and  deputies,  w^i  Mr.  Evanc  and 
Mr.  Wakeman,  were  chossen  to  audite  the  treasurers  accounts 
for  the  year  past. 

John  Brockett  was  chossen  veiwer  for  the  fenc  of  Mr.  Lam- 
bertons  quartr,  w^h  Henery  Lendall  for  this  pt  of  the  yeare 
ensuing,  in  the  roome  of  William  Preston  deceased. 

Mr.  Evanc  made  a  propossition  to  the  courte  that  seamen 
might  be  freed  from  watching  and  trayning,  and  gaue  in  the 
names  of  sundry  into  the  courte,  but  seing  it  is  now  neare  win- 
ter, wherin  watchings  and  traynings  cease  in  their  ordinarie 
course,  the  courte  thought  fitt  therfore  to  respite  it  for  this 
time. 

Mr.  Evanc  had  libertie  to  depart  the  courte. 

The  Gouerner  acquainted  the  courte  that  vpon  notice  of 
the  generall  courts  order  to  staye  the  Duch  shipp*  w^h  was 

*  This  was  the  St.  Beuinio,  which  the  Dutch,  claiming  to  be  a  smuggler,  by  a  strat- 
agem seized  and  cut  out  of  the  harbour,  on  a  Sunday,  and  carried  to  New  Amster- 
dam, where  the  vessell  and  cargo  were  confiscated.  0' Callaghan,  N.  Netherlands,  ii, 
45.    Brodhead,  i,  479.    Rec.  U.  Col.  sitb  anno  1648. 


1647]  NEW   HAVEN   COLONY  RECORDS.  355 

seized  and  caryed  out  of  this  liarboiire  by  the  Duch,  the  Duch 
gouerner  hatli  sent  a  letter  and  a  protest  against  Newhaven 
for  it,  professing  he  will  have  controversie  only  w^h  Newhauen, 
and  requicrs  ns  to  send  the  three  prissoners  and  the  Duch 
marchants  and  their  goods,  to  them  to  the  Mannatoes,  w'h 
some  threatening  speeches  if  wee  doe  not.  He  acquainted 
the  courte  allso  wUi  the  ansAver*  he  had  sent,  as  allso  w'h 
another  letter  since  received  by  the  fiscalle,  more  milde  in 
phrase,  but  still  continewing  his  title  to  the  place,  and  send- 
ing for  the  prissoners ;  but  seing  he  wrights  so  that  if  the 
sending  of  them  maye  be  interpreted  as  done  in  a  waye  of 
subordination,  it  was  not  thought  fitt  to  send  them.  The  gou- 
erner tlierfore  dissiered  the  courte  to  consider  what  shall  be 
done.  Further,  the  3  Duchmen  w^h  dissier  to  be  planters, 
viz'',  Mr.  William  Westerhouse,  Mr.  Sam:  Goodanhouse,  Mr. 
Henery  ^  dissire  to  knowe  wheither  the  towne  will 
protect  them  or  no,  that  they  maye  knowe  ho  we  to  dispose  of 
themselues.  Further,  he  propounded  to  the  courts  considera- 
tion, how  safe  it  maye  be  for  vessells  to  pase  by  the  Manna- 
toes till  these  questions  be  cleared,  and  wheither  wee  be  not 
called  to  make  some  slight  workes,  and  plant  some  gunns  for 
the  townes  present  defenc  against  small  vessells,  w^h  w^h  ther 
gunns  maye  possiblely  hurt  the  towne  if  no  provission  be  made 
to  keepe  them  of. 

[203]  II  The  things  being  many,  the  courte  agreed  that  a 
committe  be  chossen  to  consider  &  proceed  therin  as  they  see 
cause,  and  by  the  generall  consent  and  vote,  the  pticulr  courte 
for  Newliaven,  calling  to  them  Mr.  Evanc,  Mr.  Wakeman  and 
Leivtenant  Seely,  had  full  power  granted  to  them  to  consult, 
consider  and  conclude,  Ijothe  concerning  receiving  and  pro- 
tecting the  Duchmen,  w'h  all  matters  aboute  fortify  cation,  the 
place  and  manner,  w'h  all  other  things  therto  belonging. 
It  is  ordered  that  this  October  rate  bee  forthwith  payde. 


^Appendix,  B.  C.  D. 


356  NEW   HAVEN   COLONY  RECORDS.  [1647 

A    COURTE   THE   4^''    DAY   OP   JANUARY  1647. 

Mr.  Pell,  Mrs.  Lamberton,  Francis  Hall,  Jolin  Tompsou, 
Matliias  Hitclicocke,  Richard  Beech,  being  all  warned  season- 
ably, made  no  appearanc,  tlioughe  the  court  satt  a  good  space 
of  time.  The  court  gave  order  that  they  should  be  warned 
to  the  next  courte,  to  answer  for  this  neglecte. 


A  Generall  Courte  the  Sl^ii  of  January  1647. 

The  orders  of  the  Jurisdiction  Generall  Courte  were  pulj- 
lished  and  vpon  the  gouorners  proposition  the  courte  chose 
Leivtcnant  Seely  and  E,ol)ert  Preston  to  vciwe  and  scale  leather 
according  to  the  tennour  of  that  order,  to  whom  an  oath  was 
given  that  they  should,  according  to  the  best  light  they  haue, 
discharge  the  trust  committed  to  them  in  sealing  leather, 
according  to  the  jurisdiction  generall  courts  order.  And 
further,  this  courte  ordered  that  calues  skincs,  deares  skines, 
goats  skines,  W^li  are  fully  tanned,  should  be  sealed,  (seing 
they  maye  serve  well  for  vper  leather  for  some  shooes,)  and 
that  the  rate  of  sealing  be  4<i  a  hide,  and  2*1  a  skine,  and  that 
the  scale  for  the  best,  w'h  is  fully  tanned,  l)e  N:  G:  and  for 
that  w^h  is  faultie,  N  F :  and,  if  the  sealers  be  both  in 
towne,  they  are  to  be  together  when  they  scale,  but  in  case  on 
of  them  is  out  of  towne,  or  otherwayes  justly  hindred,  then 
on  of  them  maye  scale  notw4istanding,  and  the  sealers,  for 
the  better  informing  themselues  wheither  the  hides  or  skines 
be  fully  tanned  or  no,  haue  libertie  to  cutt  them  in  such 
places  as  they  see  meete,  provided  they  make  not  spoyle  of  y'' 
leather. 

And  seing  the  shooemakers  haue  libertie  to  make  shooes, 
not  onely  of  neats  leather,  but  the  vper  leathers  of  some  of 
calues  leather,  or  deares,  or  goates,  being  fully  tanned  and 
seale'd,  and  seing  ther  is  great  differenc  in  the  goodnesse  of 
these  shooes,  that  the  buyer  be  not  deceived,  the  court 
ordered  that  every  shoemaker  in  this  towne  marke  all  those 
shooes  he  makes  of  neats  leather,  before  he  sell  them,  w4i  an 


1647]  NEW   HAVEN   COLONY   RECORDS.  357 

N" :  vpon  the  lap  w'^hiiiside,  belowe  the  place  where  they  be 
tyed,  and  for  failing  hearin,  they  shall  suffer  such  punishment 
as  the  perticuler  courte  shall  judge  meete. 

It  was  propounded  to  the  shooemakers,  that  seing  hides  are 
now  neare  as  cheape  as  ordinarily  they  are  in  England,  that 
shooes  might  be  sould  more  reasonable  then  they  have  bine, 
and  the  shooemakers  promised  they  would  consider  of  it. 

The  gouerner  acquainted  the  courte  that  those  whome  they 
appointed  to  audite  the  treasurers  accounts  have  done  it,  and 
see  cause  to  propound  to  the  court  that  a  new  rate  be  now 
granted,  for  defraying  neccssisary  charges  for  the  towne,  and  to 
payc  the  rate  levied  vpon  the  towne  for  the  jurisdiction  ;  and 
after  some  debate  the  courte  ordered  that  next  Aprill  rate  and 
on  halfe  yeares  rate  extraordinarie  be  forthw'h  payde. 

The  4  deputies  were  chosen  by  the  court  to  joyne  w'h  the 
treasurer  in  setting  out  publique  workes  to  be  done  for  the 
towne,  to  see  that  they  maye  be  don  substantially,  and  w'h  as 
litle  charge  to  the  towne  as  maye  be,  and  they  are  to  call 
in  what  workemen  they  please  for  advise. 

The  l)ridgc  above  the  brickills  in  the  way  to  Connecticote  is 
to  be  caryed  on  w*h  as  much  speed  as  maye  lie. 

It  was  propounded  to  consideration  wheither  it  be  fitt  for 
the  towne  to  allowe  8'  a  ycarc  to  the  drumer ;  the  court  and 
the  military  officers  were  dissiered  to  speakc  w^h  the  drumer, 
and  see  if  his  sollarie  might  not  be  Icsse. 

William  Andrewes  was  dissiered  to  take  care  that  the  meet- 
ing-house dores  maye  be  made  safe,  in  hanging  them  w^h  such 
irones  and  such  lockes  and  bolts  as  they  may  bo  stronge  and 
secure,  and  that  the  floure  above  might  be  laid  forthw^h. 

It  was  propounded  to  the  court,  tliat  seeing  William  An- 
drewes, whoe  hath  kept  the  ordinarie,  is  aboute,  or  hath  laide 
it  downe,  that  therfore  some  other  might  be  found  to  doe  it, 
that  so  strangers  might  knowe  wheither  to  goe  to  be  refreshed, 
but  the  court  againe  propounded  it  to  William  Andrewes  to 
see  if  he  would  not  still  keepe  it,  he  answered  he  would  con- 
sider of  it  and  in  a  short  time  give  in  his  answer  to  the  mag- 
istrats. 

Those  that  were  behinde  in  payement  of  their  colledge  corne 


358  NEW  HAVEN  COLONY  EECORDS.  [1647 

were  clissiered  to  carie  it  in  to  the  severall  collecto".  Col- 
lectcs  cliossen  to  gather  the  colledge  coriie  for  this  yeare,  are 
Anthony  Tompson  and  Rogger  Allen. 

John  Gregory  propounded  to  the  courte,  that  a  good  while 
sine  their  was  a  pare  of  shooes  spake  of  in  courte  w^h  he 
sould  William  Paine,  of  the  tenns,  French  falls,  at  5^  10^,  at 
w^li  their  was  some  offenc  taken,  and  he  condemes  himselfe 
that  he  hath  lett  it  lye  so  longe  vncleared,  but  now  he  pre- 
sented a  noat  in  courte  w^h  showed  the  perticulers  howe  they 
did  amount  to  so  much,  vnder  two  shooemakers  hands,  but 
the  court  professed  they  could  not  see  cause  shooes  should  be 
sould  at  this  rate. 

[204]  II  It  was  propounded  to  the  courte  to  consider  wheither 
it  were  not  meete  to  make  a  lawe  for  restraining  of  persons 
from  their  ordinarie  outward  imployments  vpon  any  pt  of  the 
Saboth,  and  the  rather  because  some  have  of  late  taken  two 
much  libertie  that  way,  and  have  bine  called  to  answer  for  it  in 
the  perticuler  courte.  The  courte  considering  that  it  is  their 
duty  to  doe  the  best  they  can  that  the  lawe  of  God  maye  be 
strictly  observed,  did  therfore  order  that  whocsoeuer  shall, 
w*hin  this  plantation,  breake  the  Saboth  by  doeing  any  of 
their  ordinarie  outward  occaisons,  from  sun  sett  to  sunn  sett, 
either  vpon  the  land  or  vpon  the  watter,  extraordinarie  cases, 
workes  of  mercy  and  necessetie  being  exceptted,  he  shall  bee 
counted  an  offender,  and  shall  suffer  such  punishment  as  the 
perticuler  courte  shall  judge  meete,  according  to  the  nature  of 
his  offenc. 

It  is  ordered  that  no  man  shall  fall  any  tree  or  trees  w'hin 
the  boundes  of  the  common  of  this  towne,  w'hout  leaue  from 
some  magistrate,  and  then  he  shall  haue  but  for  his  perticuler 
trade  or  necessarie  vse,  and  haueing  cut  it  downe,  iff  he  doe 
not  make  vse  of  it  w'liin  the  compase  of  14  dayes  it  shall  be 
forfeite  to  liime  that  shall  come  to  the  magistrate  and  aske  & 
have  leaue  for  it. 

It  was  propounded  that  a  causwaye  might  be  made  from 
Mr.  Perys  corner  to  the  meeting-house,  but  it  was  respited. 


1647]  NEW   HAVEN   COLONY  RECORDS.  359 

A    COURTE   THE    FIRST   DAY   OP   FeBURARIE   1647. 

Richard  Chadwell  haveing  had  an  attachment  ypon  three 
hogsheads  of  suger  of  Robrt  Persons,  and  claimes  a  right  in 
his  house  and  other  estate,  to  make  good  the  transportation  of 
what  goods  Richard  Chadwell  is  to  hane  from  Sandwich  and 
some  other  demaundes,  in  w^h  things  he  craved  the  help  of 
the  courte. 

The  courte  tould  hime  they  maye  not  trye  and  issue  a  cause 
of  such  valew,  it  must  be  reffered  to  the  courte  of  magistrats, 
hut  they  will  see  that  the  goodes  attached  maye  be  secured 
and  preserved  from  damadge  as  much  as  maye  be ;  and  ther- 
fore  gave  order,  that  the  suger  bee  veiwed  and  put  into  the 
tresurers  hand  and  sould  to  y^  best  advantage,  and  the  pro- 
ceed so  kept  safe  for  the  best  proofe  Mr.  Chadwell  can  bringe, 
and  what  goodes  elc  ther  is  of  Robert  Persons,  it  is  to  be 
brought  to  the  treasurer,  that  so  the  estate  maye  be  preserved 
from  losse  as  much  as  maye  be. 

Mr.  Pell,  atturnye  for  Mr.  Edmund  Leach,  entereth  an 
action  against  the  estate  of  Robert  Persons  for  a  debte  of  18^ 
4s  Qd,  w'^h  ariseth  thus,  IS'  14%  he  conceaveth  due  vpon  a 
pcell  of  goodes  the  said  Robert  received  of  Mr.  Leach,  and  2' 
IQs  due  for  fraight,  w'=h  makes  18^  4%  w^li  he  thus  indeav- 
oured  to  prove.  Robert  Person  received  of  Mr.  Leach  goods, 
to  the  vallew  of  61^,  as  they  were  rated  by  Mr.  Leach,  w^hhe 
was  to  carye  to  the  Barbadoes  and  sell,  the  said  Robert  to 
have  halfe  the  proffitt  and  to  paye  halfe  the  fraight  till  the 
returne  be  made,  W^h  the  said  Robert  was  to  make  either  to 
England  or  elc  to  Newhaven  ;  now  of  this  Gl^  worth  of  goods, 
he  sould  to  the  valew  of  34^  10%  and  for  this  deliuered  7521  of 
cotton  woole,  w^li  the  plantiffe  conceives  cannot  arise  to  so 
much,  as  cotton  woole  is  worth  and  paseth  in  the  Barbados, 
And  that  this  was  the  agreement  he  produced  Mr.  Leach  his 
letter  to  Mr.  Pell,  and  Mr.  Pell  tooke  oathe  that  Robert  Per- 
sons acknowledged  that  this  in  the  letter  was  the  agreement. 
The  clause  of  the  letter  runes  thus :  I  have  sent  by  Robert 
Persons,  to  the  Barbadoes,  61^  worth  of  goodes,  he  to  allowc 
me  halfe  the  proffitt  of  them,  and  to  beare  halfe  the  adven- 


360  NEW  HAVEN  COLONY  RECORDS.  [1647 

ture  and  halfe  the  charge  of  the  said  goods,  viitill  the  re- 
turne  be  made  to  me  or  my  assignes,  when  the  proffitt  is  to  be 
shared  ;  his  order  is  to  send  either  to  England  or  to  Newhaven 
the  returne,  and  if  he  come  or  send  to  Newhauen,  yow  will 
heare  of  hime,  and  he  will  and  is  to  give  yow  accounte  of  the 
goodes.  Mr.  Pell  testifyed  vpon  oath  that  Robert  Persons 
acknowledged  to  hime  that  this  was  the  agreement.  John 
Thomas  saith  that  Robert  Persons  tonld  hime  the  goods  wonld 
not  of,  but  at  his  coming  awaye  he  sould  the  goods  for  800'  of 
cotton  woole.  Now  of  this  800'  of  cotton  woolc,  the  said 
Robert  deliuered  752'  to  Mr.  Pell,  and  48'  was  disposed  of  for 
necesaric  charges. 

The  court  considering  that  the  deifendant  is  dead,  and  none 
present  that  can  clearly  answer  for  liimc,  and  that  the  plan- 
tiffe  can  make  no  clcarc  proofc  for  what,  nor  how  the  goods 
was  sould,  could  not  see  cause  to  cast  damadgc  vpon  the  estate 
of  Robert  Persons,  leaning  the  plantiffe  to  make  what  further 
proofe  he  can  hearaftcr,  either  for  the  fraight  or  for  the  princi- 
pallc. 

John  Thomas  acquainted  the  courtc  that  Robert  Persons 
haueing  lett  halfe  his  house  &  halfe  his  lott  for  40^  a  yeare, 
before  he  went  agreed  to  make  them  a  well,  w^h  they  that  are 
in  it  dissire  maye  l)e  done.  The  courte  tould  hime  that  now 
the  ccason  of  the  yeare  is  past,  but  he  might  provide  stones 
readie  that  it  maye  bee  done  so  soonc  as  the  ccason  serves. 

It  was  propounded  to  the  court  that  Goodman  Bud  dis- 
siered  some  alio  wane  out  of  the  estate  of  Robret  Persons,  for 
some  suger  w^h  fell  short  in  a  hogshead  of  suger  Goodman 
Budd  had  of  Robert  Persons  for  his  house  and  lott  he  sould 
hime,  w^h  hogshead  he  expected  to  be  500',  but  it  fell  not  out 
so  much,  but  John  Thomas  saith  that  Robrt  Persons  said  he 
payd  hime  all,  and  Mr.  Chadwell  saith  that  Robert  Persons 
did  not  warrant  hime  600'  in  the  hogshead,  but  did  bide  hime 
chuse  w<=h  he  would  &  that  should  satisfy e  hime.  And  further 
he  saith  he  saw  1  hogshead  of  them  waid  at  Roade  Island  w'^h 
waid  above  500'. 

[205]  II A  noat  of  some  debtes  owing  to  Robert  Persons  was 
presented  in  courte. 


1647]  NEW   HAVEN   COLONY   RECORDS.  361 

John  the  Diichman  dissiered  libcrtie  for  himselfe  and  the 
other  two  W^h  were  prissoncrs  w4i  hime,  to  goe  to  the  Duch 
gouerner  ;  it  was  toiikl  himc  tliat  if  he  had  dissiered  it  at  first 
they  might  haue  bine  sent,  but  then  they  were  alltogether  vn- 
willing  ;  that  the  court  are  still  free  to  send  them,  onely  as 
they  were  put  vnder  that  bayle,  vnder  w<^h  they  stand,  by  tlie 
courte  of  magistrats,  so  the  bayle  must  bee  released  by  the 
same  power,  w^h  should  be  done  as  speedily  as  the  court  of 
magistrats  could  meetc. 

Mrs.  Lamberton  presented  the  inventorie  of  the  estate  of  Mr. 
George  Lamberton,  her  late  husband,  in  courte,  W^h  was  veiwed 
and  deliucred  to  the  secretarie  to  be  recorded.* 

The  will  of  M"s  Wilkes  was  likewise  deliuered  into  the 
courte  by  Mr.  Ro  :  Newman,  and  deliuered  to  the  secretarie 
to  be  recorded.! 

*  "An  inventorie  of  the  estate  of  Mr.  George  Lamberton." 

The  estate  is  creditor,  to  the  worpll  Theophihis  Eaton,  pr  bill,  £28.  17.  li.  more  to 
him  for  tlie  uegars  clothes,  £3.  to  j\Ir.  Stephen  Goodyeare,  pr  bill,  £65.  4.  9.  to 
Isacke  Allerton,  pr  bill,  £22.  2.  6.  to  John  Chapman,  pr  booke,  £6.  6.  to  Mr.  Pell, 
for  Mrs.  Brewster,  £30.  14.  2.  to  Eogger  Allen  £7.  to  John  Clarke  £1.  to  Mr.  Hooke 
£3.  12.  8.  to  Mrs.  Gregson  £3.  14.  to  Geo.  and  Lawrance  Warde  £6.  10.  8.  to  ship 
Fellowshipp,  put  in  £50,  £25.  to  Goodman  Stone  8%  to  Jonathan  Sarjant  15*.  to 
Adam  Nicolls  £1.  2.  5.  to  Roger  Knap  10*.  to  John  Thomas  7s  to  Capt.  Turner  £1. 
to  Mr.  William  Tinge  £1.  to  land  at  Stamford  £4.  to  ]\Ioses  Wheeler  £1.  9.  10.  to 
Brother  Nash  £1.  to  John  Nash  £0.  17.  9.  to  Richard  Everit  £0.  10.  to  Serjant  Jef- 
fery  £1.  to  William  Andrewes,  senior,  £4.  to  John  Chidsey  £0.  15.  to  8  oxe  hides 
£4  8.  to  William  Davis  £0.  8.  5.  to  John  Torapson  £1.  8.  to  Michaell  Taintor  £6. 
6.  to  Mr.  Gregson,  Mr.  Hawkines  and  Mr.  Goodyeare  £3.  17.  6.  to  the  24'h  part  in 
the  Susan  £16.  11.  8.  to  Mr.  Pery  £20.  to  goods  in  the  Susan  and  Phenix  £29.  5.  to 
Phillip  Leake  £1.  to  John  Rider  £1.  to  Mr.  Gilbert  £34. 
The  whole  estate  is  £1218.  12.  4. 
OAving,  16 


rest  good  estate,  1202.  12.  4. 

The  estate  is  debtor  to  Mr.  Malbon  £13.  to  John  Willford  £3. 

Prised  the  4^''  of  January  1647.     Mathew  Gilbert,  Richard  Miles. 

t  "  The  will  of  Joane  Wilkes  made  the  12'^  day  of  January  1645. 

"  I  Joane  Wilkes  being  called  to  goe  to  my  husband,  but  not  knowing  whether  he  be 
living  or  not,  and  not  knowing  whether  I  may  live  to  come  to  England  or  to  returne 
heither,  doe  desire,  so  farr  as  I  have  or  maye  have  power  in  my  hands,  to  dispose  of 
that  estate  that  God  hath  given  me  in  this  place.  First  I  will  and  bequeath  to  our 
deare  pastor  tenn  pounds.  To  our  teacher  five  pounds.  To  the  church  of  Christ  in 
this  place  five  pounds.  To  my  neece  Bridget  Wilkes  thirty  pounds.  To  my  nephew 
Joseph  Dalman,  in  London,  twenty  markes.  To  my  nephew  Nathaniel  Warner,  of 
Bristoll,  twenty  markes,  and  to  Susanna  Gregson  twenty  markes,  and  to  our  beloved 
elder,  Jlr.  Robert  Newman,  five  pounds,  whom  I  nominate  and  appoint  the  sole  execu- 

46 


362  NEW  HAVEN  COLONY  RECORDS.  [1647 

Robert  Hill  deliuered  into  the  court  an  inventorie  of  his 
brother  John  Hills  estate*,  w=h  was  likewise  deliuered  to  the 
secretarie  to  be  recorded. 

Mr.  Pell  brought  in  and  deliuered  to  the  courte  an  inven- 
torie of  his  wives  estate,  left  by  her  late  husband,  Mr.  Francis 
Brewsterf,  w^h  was  read  and  deliuered  to  the  secretarie  to  be 
recorded. 

Mr.  Pell  was  tould  he  was  warned  to  the  courte  aboute  his 
wives  fine,  that  he  might  either  paye  it,  or  show  a  sufficient 
reason  why  he  did  not ;  he  dissiered  to  know  by  w^  lawe  it 
was  demaunded,  it  was  tould  hime,  by  the  lawe  of  his  marrying 
the  widdow,  w^h  owed  it  before  he  marryed  her  ;  he  said  he 
knew  not  howe  it  comes  to  be  her  debte  or  his  either,  the  gou- 
erner  tould  hime  he  had  a  copie  of  the  courte  order,  and  if  he 
could  obiect  any  thing  against  the  justic  of  the  courtes  pro- 
ceedings, hee  might ;  he  said  ther  is  that  charged  in  the  order 
that  is  not  proved,  he  was  told  it  was  a  reproachfull  slander 
cast  vpon  the  courte  to  saye  they  had  laide  a  fine  for  any 
offenc  not  proved,  and  he  was  called  to  make  proofe ;  he  in- 
stanced in  a  passage  wherin  excese  in  drinking  w'h   other 

tor  of  this  ray  last  will  and  testament,  intreating  him  to  take  upon  him  this  care  and 
trust  and  to  see  it  performed  accordingly.  And  if  my  house,  lauds  and  goods  left 
hear  should  not  amount  to  so  much,  then  my  mind  is  that  the  abatement  shall  be 
upon  tlie  three  legacyes  of  twenty  markes  equally,  and  if  it  shall  arise  to  more,  that 
it  be  added  equally  to  those  three  legacyes  of  twenty  markes  a  peece.  In  witnes 
whereof  I  have  hereunto  put  my  hand  this  12'''  day  of  the  eleventh  moneth  1645. 

Jone  Wilkes. 

"  Joane  Wilkes  declared  this  to  be  her  will  and  testament  before  mee. 

Tho:  Gregson." 

Inventory  taken  by  Mr.  Gilbert,  Mr.  Wakeman  and  Mr.  Crane,  the  14i^''  of  the  11th 
moneth  1647.  Total  £89.  4.  Debts.  8  bushells  of  wheat  of  old  Jacocks  of  Strat- 
ford £0.  12.  Mr.  Gilbert  15^  John  Clarke  30^  Tliom :  Munson  14».  Mr.  Robert 
Newman  8^  Richard  Hull  8^.  Phillip  Leeke  for  rent  of  the  house  and  garden  the 
yeere  1645  £3.  for  rent  of  the  garden  1646  £3.  James  Clarke  30^.  Phillip  Leeke 
received  of  several  men  £3.  13. 

*  "An  inventorie  of  the  estate  of  John  Hill"  £24.19.     Mr.   Winthrope  debtor  £7. 

The  estate  is  debtor,  to  Peeter  Browne  £4.  10.  to  old  Goodman  Willmot  £0.  16.  to 
the  treasury  £0.  3.  6.  to  Robert  Preston  £0.  2.  6.  to  Ro.  Hill  for  4  bush,  wheat  £1. 
to  him  for  a  stuff  suit  £1.  18.  6.  more  for  a  goat  £0.  8. 

t"An  inventorie  of  the  estate  of  Mr,  Francis  Brewster,"  amount  £555.  6.  2.  Li  the 
great  ship,  cost  £50.  prised  December  30,  1647  by  Francis  Newman,  Richard  Miles, 
John  Clarke. — The  estate  debtor,  pd  out  of  the  estate  as  appears  by  acquittances  £57. 
10.  for  a  debt  which  Mr.  Brothers  demands  out  of  the  estate  £200.  for  a  debt  owing  to 
Mrs.  Lamberton  £30.  14.    Total  £288.  4. 


1647]  NEW   HAVEN   COLONY   RECORDS.  363 

inconvenieiices  seeme  to  be  charged  on  M''s  Brewster,  now 
his  wife,  w<=h  was  not  proved  against  her,  he  was  tould  there 
was  neither  any  such  charge,  nor  any  penny  of  the  fine  im- 
posed vpon  any  such  consideration,  that  his  iniurious  cariage 
hearein  is  agravated  in  that  full  light  hath  bine  tendered  hime 
in  the  case,  no  excese  was  charged  against  her  by  y^  courte, 
nor  in  the  originall  order  was  ther  any  word  sounding  that 
waye,  it  was  an  errour  in  the  secretarie,  who  probably  had 
left  out  a  line  in  ingroseing  the  order  out  of  the  first  copie, 
and  Mr.  Pery,  the  secretarie  that  then  was,  had  sine  bine  w'h 
Mr.  Pell,  had  showed  hime  how  the  originall  ranne  and  the 
line  left  oute,  offered  hime  to  rectifye  it,  but  he  refused.  The 
governor  tould  Mr.  Pell  that  the  line  beinge  left  out  as  it  stands 
in  his  copie,  it  dotlie  not  rune  cleare  &  in  good  sence,  namely, 
(and  sit  drinking  all  excese  in  drinking  w*h  other  inconven- 
iences following.)  Mr.  Pell  said  it  was  good  dialect,  no  over- 
sight in  the  secretarie,  and  he  could  prove  it.  The  gouerner 
tould  Mr.  Pell  he  conceived  he  did  not  vnderstand  what  dia- 
lect is,  but  the  courte  considering  that  Mr.  Pells  charge  is 
made  against  the  courte  of  magistrats,  whoe  imposed  that 
fine,  thought  fitt  and  ordered,  that  his  miscariage  be  reffered 
to  the  consideration  of  the  next  court  of  magistrats  for  the 
jurisdiction,  and  ordered  Mr.  Pell  to  attend  them  therin. 

Ezechiel  ChcA^eres  passeth  ouer  to  John  Cooper  5  ac^  2 
thirds  of  vpland  w^liin  the  two  myle,  on  halfe  of  it  lying  in 
Mr.  Eatton  quartr,  betwixt  the  land  of  M"s  Turner  &  William 
Tuttill,  the  other  halfe  lying  by  the  mill  highwaye,  at  the  end 
of  Mr.  Eatons  pasture,  next  the  land  of  William  Tuttill. 

John  Lawrencson  and  his  wife,  being  warned  to  the  court, 
apeared,  they  were  charged  for  selling  stronge  watters  by 
small  quanteties,  contrarie  to  a  courte  order.  He  said  he 
knew  not  that  it  was  a  breach  of  order,  and  she  sould  it  for 
Mr.  Westerhouse. 

She  saide  that  haveing  broke  the  order,  she  dissiered  to 
submit  to  the  courte. 

But  beside  the  breach  of  order,  their  apeares  something  of 
disorder,  for  William  Paine  saith  that  the  3  Duchmen,  w^h 
were  prissoners,  lying  at  his  house,  were  wonte,  before  she 


364  NEW  HAVEN  COLONY  RECORDS.  [1647 

sould  stronge  waiter,  to  keepe  good  houres  in  coming  home 
at  niglit,  but  sine,  they  haue  stayde  out  long,  and  some  time 
very  late,  and  one  of  them  seemed  by  his  speech  to  be  some- 
what distempred,  but  he  sawe  hime  not  for  he  was  in  bed. 

Arther  Halbich  saitli  he  hath  gone  into  the  house  where 
Goodwife  Lawrencson  was,  and  sawe  persons  sitt  drinking  of 
small  quanteties  of  stronge  watter  two  or  3  times,  and  that  her 
husband  tould  hime  she  had  gained  30=^  in  a  weeke  or  a  fort- 
nights time  by  that  waye  of  selling  out  stronge  watters. 

The  sentenc  of  the  courte  is  that  John  Lawrencson  paye  as  a 
fine  to  the  towne  for  this  breach  of  order,  20%  but  if  they  goe 
on  in  this  way  it  is  not  twic  20^  that  will  excuse  them. 

William  Paine  refused  to  paye  his  fine  for  comeing  late  one 
Lords  day  w*h  his  amies  to  the  meeting,  because  others  came 
late  and  were  not  complained  of,  but  he  was  told  he  must  paye 
his  fine,  and  the  seriant  should  be  warned  to  the  next  courte 
to  answer  for  his  neglect. 

The  treasurer  was  ordered  to  paye  William  Paine  for  his 
halfe  days  worke  in  attending  the  courte  aljoute  John  Law- 
rencsons  buesnis. 

John  Benham  informed  the  courte  that  he  was  fined  by  the 
courte  for  neglecting  to  warne  Dauid  Atwatter  to  watch.  It 
is  by  the  secretarie  that  then  was,  entrcd  5^,  Ijut  it  was  but 
2^:  6^1,  and  seing  diners  doe  remember  it  was  but  2^:  6'^,  the 
courte  agreed  he  should  paye  no  more. 

[206]  II  Richard  Beech  dissiered  of  the  courte  that  he  might 
retayne  the  estate  of  William  lies  in  his  hand  till  further 
order,  w'^h  is  as  apeares  by  the  inventorie  13' :  17^ :  00^ :  the 
courte  tould  hime  vpon  securetie  he  mighte ;  he  offered  himc- 
selfe  and  9'  worthe  of  land,  as  it  was  valewed  by  Anthony 
Tompson  &  John  Clarke  as  apeares  in  a  note  vnder  there 
hands.  The  land  is  22  ac'^  of  vpland  in  the  second  devission, 
and  5  ac^  of  meddowe  in  the  west  meddowe,  and  2  ac"  of 
vpland  in  the  quarter  at  his  house,  and  for  the  other  5'  John 
Beech  become th  suretie  w^h  hime,  as  the  said  Joh  Beech  de- 
clareth  in  courte,  w^h  the  courte  accepted,  w'h  this  proviso, 
that  if  John  Beech  should  dye  or  leaue  the  towne,  Richard 
Beech  put  in  other  securitye  to  the  courts  satisfaction. 


1647]  NEW   HAVEN   COLONY  EECORDS.  365 

John  Tompson,  atturiiey  for  Thomas  Allcote  in  the  Baye, 
reqiiiereth  youthes  of  Francis  Halle  w^h  he  brought  from 
England  long  sine,  that  is  to  saye,  John  Whitehead  &  Thomas 
Whitehead,  and  saith  he  hath  order  to  send  them  to  the  saide 
Thomas  Allcote  whoe  is  tlier  vnkell. 

Francis  Halle  saith  at  the  desier  of  their  vnkell,  Mr.  Allcote 
of  Roxberey,  since  deceased,  hee  brought  these  youthes  oner, 
and  was  at  great  charges  with  them  for  their  passage  and  other 
occaisons,  W^h  he  saith  Mr.  Allcote  promised  to  payc  to  his 
satisfaction  when  he  came  heare,  but  when  he  came  tlier 
vnkell  was  deade,  and  knew  not  of  whome  to  sceke  his  money, 
iff  the  boyes  had  dyed  he  should  haue  lost  it,  for  ought  he 
knowes,  for  he  knew  of  no  other  vnkell  they  had,  but  he  was 
blamed  that  he  had  not  vsed  that  meanes  to  finde  oute  tlier 
vnkell  or  send  to  ther  mother  as  he  might  have  done, 
(thoughe  he  saith  he  hath  sent,)  but  he  acquainted  the  courte 
then  wUi  it,  and  w'h  ther  approbation  one  of  them  was  dis- 
posed of  to  Mathias  Hitchcoke,  the  other  he  kept  himeselfe 
till  they  might  haue  further  light  to  dispose  of  them. 

The  courte  being  dissierous  that  the  chilldren  might  haue 
no  wronge,  and  allso  that  the  ptyes  w^h  haue  brought  them 
vp  heitherto,  (seeing  they  were  small,)  might  be  justly  satis- 
fyed,  did  seriously  consider  and  weighe  the  charges  and  haz- 
ards the  severall  ptyes  had  bine  at  w^h  them,  as  allso  the 
advantages  tliat  the  boyes  might  be  vnto  them.  And  after  a 
large  debate  concerning  those  accounts,  in  the  issue  agreed, 
that  Thomas  Whithead  wh  was  w'h  Mathias  Hitchcocke,  be 
at  the  end  of  5  yeares  and  eight  moneths  from  the  time  he  had 
hime,  sett  free,  at  w'^h  time  the  said  Mathias  put  the  said 
Thomas  to  Davide  Atwatter  for  4  yeares  and  4  monethes, 
thoughe  he  had  no  right  so  to  doe,  but  now  the  said  Thomas 
declarcth  himeselfe  willing  to  abide  w'h  his  master  David 
Atwatter,  till  he  maye  heare  from  his  vnkell,  so  he  maye  haue 
.just  satisfaction  for  the  time  to  come,  so  longe  as  he  stayeth 
w^h  hime.  They  bothe  agreed  before  the  courte,  that  he 
should  haue  3  ^  a  yeare,  meate,  drinke  and  clothes.  And  con- 
cerning John  Whithead,  it  is  ordered  that  Francis  Halle  sett 
hime  free  from  this  time,  and  paye  vnto  hime  50^. 


366  NEW  HAVEN   COLONY  RECORDS.  [1647 

Mr.  William  Westerhoiise,  by  Mr.  Evanc  his  interpreter, 
acquainted  the  courte  that  he  knew  it  not  to  be  an  offenc  to 
the  courte  that  he  imployed  any  to  sell  his  stronge  watter,  but 
seing  he  had  done  it,  he  justifyed  the  courte  in  the  fine  they 
had  laide,  and  he  came  to  tender  the  payement.  The  courte 
tould  hime  they  looked  not  vpon  it  as  his  fault,  but  Jn°  Law- 
rencsons  and  his  wives  that  sould  it,  for  they  intended  not  to 
fine  hime,  but  seeing  he  would  paye  it,  the  court  considering 
how  vsefull  hee  hath  bine  in  the  towne  by  giveing  phisicke  to 
many  persons,  and  to  some  of  them  freely,  the  courte  agreed 
not  to  take  the  fine  but  returned  it  to  hime  againe. 

Phillip  Galpine  acquainted  the  courte  ther  was  a  certaine 
some  of  money,  aboutc  9  i,  given  hime  by  will  l^y  Nathaniell 
Drapr  deceased,  w^h  some  was  due  to  the  said  Nathaniel  for 
wages,  w^h  Mr.  Leach  is  to  paye,  and  now  Mr.  Pell,  by  order 
frpm  Mr.  Leach,  w°li  Mr.  Pell  refusetli  to  paye.  Mr.  Pell 
saide  he  denyed  not  to  paye  it  only  he  heard  that  Nathaniel 
made  another  will  and  gave  this  wages  to  Mr.  Sellicke,  as  Mr. 
Tompson  of  Verginea,  David  Evanc  and  another  saide,  and 
that  he  will  require  it,  therfore  if  Phillip  will  give  hime 
securitye  that  he  maye  not  paye  it  twice,  he  will  paye  hime  it. 
The  court  thought  that  but  just,  and  agreed  that  if  Philip  can 
give  in  securitye,  it  be  payde  to  hime,  if  not  that  then  it  be 
payde  into  the  tresurers  hand  till  the  matter  maye  be  cleared. 

Mr.  Goodier  and  Mr.  Evanc  were  dissiered  by  the  courte  to 
see  Robert  Persons  suger  waide,  and  that  or  any  other  goodes 
of  his  vallewed,  w^h  is  to  be  put  into  the  treasurers  hand. 

Mr.  Malbon  dissiered  the  courte  to  appointe  some  to  vallew 
some  goodes  w'^h  were  attached  of  Mr.  Godferyes  for  on 
Strong  Fornale,  of  Boston. 


A  Generall  Courte  the  14^^  of  Feburarie,  1647. 

The  Governer  acquainted  the  courte,  that  he  heard  that 
fences  aboute  the  towne  are  generally  so  defective  that  many 
are  discouraged  from  the  laboure  of  husbandrie,  because  their 
corne,  when  they  haue  sowne  it,  is  spoyled,  therfore  it  is  of 


1647]  '  NEW   HAVEN   COLONY   RECORDS.  36t 

necessitie  y*^  some  course  be  taken  that  corne  maye  be  pre- 
served. 

It  was  propounded  by  some  that  their  might  be  certaine 
men  appointed  as  hay  wards,  w'^h  might  looke  to  such  a  com- 
pase  of  ground  as  might  be  convenient,  whoe  shoukl  take  and 
pound  all  the  catle  or  hoggs  they  found  their,  lookeing  ouer 
the  ground  on  every  daye,  and  that  if  the  see  any  small  defect 
in  any  fence  they  might  mend  it,  or  if  it  be  too  great  a  breach 
for  them,  that  then  they  acquainte  the  owner  w^h  it,*and  each 
hayward  to  be  payde  by  the  scverall  quarters  w^h  imploye 
them,  as  they  shall  agree.  To  this  the  courte  inclined,  and  it 
was  agreed  to  meete  in  the  severall  quarters  to  put  it  in  exe- 
cution. And  wheras  it  is  founde  and  complained  of,  that 
when  meetings  of  that  nature  are  warned,  severall  doe  not 
attend  them,  therfore  it  is  ordered  that  when  a  meeting  is 
appointed,  and  all  they  in  the  quarters  haue  seasonable  warn- 
ing, if  any  come  not,  yett  the  maior  pt  maye  agree  any  course 
for  the  goode  of  the  quarter,  provided  it  croses  no  order  of 
courte  allreadie  made. 

[207]  II  It  was  dissiered  by  some  that  Indian  and  English 
corne  mighte  not  be  planted  in  on  feilde  together,  but  it  was 
answered  Ijy  diveres  that  it  could  not  be  avoided,  Init  the 
quarters  themselues  were  to  agree  hearin,  and  not  to  damadge 
on  another,  as  allso  to  agree  of  the  time  of  putting  in  catle  into 
the  severall  quarters  where  corne  is  sowne,  and  allso  of  takc- 
ing  them  out  seasonably,  that  corne  be  not  spoyled.  All  the 
orders  abovte  fences  to  stand  in  full  force,  and  every  on  to 
hasten  the  setting  vp  the  fences  that  are  downe. 

Mr.  Westerhouse  dissiered  the  towne  to  save  their  ashes, 
and  ho  would  give  them  4^^  a  bushell  and  fetch  them  at  their 
houses,  or  5^1  a  bushell  if  they  carrie  them  to  the  watter  side, 
to  a  place  he  would  appointe  there. 

Mr.  Evanc  propounded  that  some  would  make  a  since  at 
the  creekes  mouthe  w'^h  comes  vp  to  M^^  Wilkes  house.  The 
court  was  willing  to  incouradge  it,  and  wished  it  might  be 
seriously  considered  against  another  courte. 

The  Gouerner  dissiered  that  men  would  speedely  bring  in 


368  NEW   HAVEN   COLONY   RECORDS.  [1647 

their  rates  to  y^  treasurer,  that  so  the  might  prevent  a  warn- 
ing to  the  perticiiler  conrte. 

William  Andrewes  was  dissiered  to  acquaint  the  courte 
what  he  intended  to  doe  aboute  the  ordinarie,  he  answered 
thoughe  hime  was  willing  yett  he  dissiered  the  courte  would 
provide  another,  because  his  wife  is  at  present  vnwilling.  But 
he  had  further  time  given  hime  to  consider  of  it  and  to  come 
to  the  gouerner  and  give  his  answer. 

Mr.  Evanc  propounded  to  the  courte  that  something  might 
be  done  concerning  the  setting  a  size  for  the  waiglit  of  breade 
w'"!!  is  made  and  sould,  but  it  was  left  to  be  further  inquired 
into  till  another  courte. 

Mr.  Newman,  the  ruleing  elder,  propounded  to  the  courte 
that  they  would  grant  brother  Wiggelsworth  a  small  pec  of 
ground  neare  the  meeting-house,  to  sett  hime  a  litle  house 
vpon  and  make  hime  a  garden,  Ijecause  he  is  so  lame  that  he 
is  not  able  to  come  to  the  meeting,  and  so  is  many  times  de- 
prived of  the  ordinances,  when  if  he  was  neare  he  might  inioye 
them.  The  courte  considering  and  pittying  his  case,  inclined 
to  doe  it  &  left  it  to  the  dispose  of  them  whoe  are  intrusted  to 
dispose  of  lotts  in  the  towne. 

The  courte  declared  themselues  that  the  leather  w^h  was  in 
mens  houses,  before  the  last  order  for  sealing  leather  was  in 
force,  be  allso  sealed  before  it  be  vsed  or  sould. 

Mr.  Evanc  propounded  that  ther  might  be  some  appointed 
to  ouersee  and  allso  to  scale  the  cooppr  ware,  that  it  maye  be 
sufiicient  bothe  for  gadge  and  tightnes,  but  it  was  refered  to  a 
more  private  consideration. 

Mr.  Malbon  dissiered  the  workemen  in  the  towne  that  the 
would  be  forwarde  to  help  the  elders  vp  wth  their  fenc,  (and 
they  should  be  payde)  and  especially  those  whoe  are  debto"  to 
ye  treasurie. 

Jeremiah  Howe  hath  libertie  from  the  courte  to  sell  strong 
watter  by  pints  or  quarts  or  other  small  quanteties,  so  that  he 
suifef  it  not  be  drunke  in  his  house,  but  sell  it  to  y^  townes 
folke  or  stranges  out  of  his  house,  provided  allso  that  he  haue 
due  respect  to  any  suspicious  persons  and  vnseasonable  times, 


1647]  NEW   HAVEN    COLONY  RECORDS.  .  369 

that  all  disorder  maye  be  prevented ;  this  to  continew  till  the 
courte  find  some  inconvenienc. 

Henery  Morall,  William  Blayden,  Thomas  Knowles  haue 
libertie  to  burne  a  litle  meddowe  W^h  is  in  ther  home  lotts, 
provided  the  doe  it  at  a  fitt  time,  that  no  damadge  come  ther- 
by,  and  if  any  doe,  they  must  answer  it. 

Leivtenant  Seely  dissiered  the  courte  that  he  might  haue 
50^  allowed  hime,  Wh  he  had  bine  out  of  ever  sine  the  plan- 
tation begune,  for  seekeing  a  shallope  W^h  was  lost,  but  the 
courte  sawe  not  cause  that  the  towne  should  paye  it,  seeing 
the  shallop  belonged  to  perticular  men. 

Mathew  Camfeild  declared  himeselfe  sorye  that  he  had  the 
last  courte  presented  the  names  of  sundrye  men  to  be  behinde 
in  payement  of  their  college  corne,  before  he  had  spoken 
againe  w^h  them. 

The  Gouerner  acquainted  the  courte  that  the  Kinges  Amies 
are  cutt  by  Mr.  MuUyner  for  the  towne,  w^h  are  to  be  primed 
and  after  sett  vp  in  a  publique  convenient  place.* 

It  was  propounded  that  a  comittee  might  be  chossen  to  con- 
sider and  dispose  of  the  absent  lotts,  that  the  charge  w^h  comes 
to  the  towne  by  them  maye  be  prevented,  and  the  magistrats, 
elders  and  deacons,  w'h  the  4  deputies  for  the  towne  were 
chossen  as  a  comitte  for  this  thing. 

John  Halle  acquainted  the  courte  that  the  highewaye  against 
a  lott  he  bought  of  Henery  Pecke  was  worne  awaye  wUi  the 
watter  that  their  was  no  safe  passing  that  waye.  He  pro- 
pounded to  know  wheither  the  towne  will  mende  it,  but  the 
courte  declared  themselues,  that  the  order  was  that  every 
man  maintayne  a  sufficient  waye  2  rods  from  his  home  lott 
thouroughout  the  towne ;  but  after  much  debate,  John  Halle 
resigned  the  lott  to  Leivtenant  Seely,  vpon  condicion  that  he 
mende  the  waye  and  maintayne  it  sufficiently,  w^h  Leivtenant 
accepted. 

Captaine  Malbon  propounded  that  ther  might  be  a  new 
clarke  chossen  for  the  trayne  band  for  the  towne,  because  the 
former  clarke  being  otherwise  imployde,  could  not  attend  it. 

*  From  "New  Havens  case  stated,"  we  leam  that  the  kings  arms  were  set  upon  a 
post,  in  the  liighway,  by  the  sea-side. 

47 


370  NEW   HAVEN   COLONY  RECORDS.  [1647 

John  Clarke  was  by  liime  propounded,  and  by  tlie  courte 
chossen  clarke  for  the  trayne  bande  of  the  towne  in  the  roome 
of  Mr.  Pery. 

The  towne  was  dissiered  that  they  would  be  carefull  to 
attend  the  order  in  provideing  themselues  of  ladders. 


[208]    A  CouRTE  AT  Newhaven  THE  7'-''  DAY  OF  March,  1647. 

Sundry  at  this  courte  tooke  the  oathe  of  fidelitie  whose 
names  are  entred  amoung  y^  rest. 

Edward  Wiggiesworth  passeth  ouer  to  Adam  Nickholes,  six 
acs  of  vpland  ground  lying  in  the  Yorkesheir  quarter  w^iin 
the  two  myle ;  and  wheras  in  the  towne  booke  their  is  but  22 
ac^  and  a  halfe  of  land  placed  vpon  Ed.  Wigglesworths  lott, 
bothe  for  estate  and  persons,  and  yett  he  had  layd  oute  and 
liathe  sould  24  acs,  he  declared  that  the  ac  and  halfe,  w'^h 
makes  it  24  ac^,  was  given  hime  in  allowanc  for  shortnes  in 
his  home  lott. 

Dauid  Attwater  entred  an  action  against  Mathias  Hitch- 
cocke,  for  10^  w^h  the  said  Mathias  Hitchcockc  receaved  of 
Dauid  Atwatter,  for  the  servic  of  Thomas  Whitehead  for  4 
yeares  and  eighte  moneths,  w'^h  Mathias  Hitchcocke  could  not 
performe,  he  not  haueing  a  full  right  to  dispose  of  the  saide 
Thomas.  Mathias  Hitchcocke  saith,  that  being  demaunded 
what  assueranc  he  could  give  David  Atwatter  that  he  should 
inioye  the  saide  Thomas  so  longe,  seing  by  the  courte  order  he 
had  no  full  assueranc  of  hime,  but  he  might  goe  awaye  or 
another  might  take  hime  from  hime,  he  answered  he  could 
give  no  better  then  he  had,  vnlesse  the  boye  would  give  hime 
any  better,  so  he  agreed  w4i  the  boye  to  make  an  indenture 
for  so  longe  time,  and  gaue  hime  the  saide  Mathias  Hitchcocke, 
10',  but  being  advised  by  the  courte  to  agree  it  betwixt  them- 
selues, they  bothe  consented  to  it  and  did  w^hdrawe,  and  soone 
after  declared  to  the  courte  that  they  had  issued  the  differenc 
to  bothe  ther  satisfactions. 

Artlier  Halbich  passeth  ouer  to  John  Beech  his  house  and 
home  lott  w^i  all  his  accommodations  therto  belonging  w^hin 
Newhauen. 


1647]  NEW  HAVEN  COLONY  RECORDS.  371 

John  Nash  being  warned  to  the  courte  for  not  payeing  his 
rates,  answered  that  he  knewe  none  due  from  hinie  till  the 
land  was  cntred  in  the  towne  booke,  and  that  the  conrte 
might  take  ther  conrse,  but  was  reproved  for  so  saying,  it 
being  a  thing  vncomely  for  liimc  to  saye.  So  further  he 
obiected  his  land  was  not  laide  oute,  but  was  tould  it  was  not 
the  townes  faulte,  and  if  that  was  the  reasson,  the  courte 
would  send  presently  and  take  a  distrcse,  but  in  the  issue  he 
promised  to  paye. 

William  Paine  was  called  to  make  goodc  the  charge  w^h  he 
laide  vpon  Seriant  Munson  last  courte,  w^li  was  the  he  pre- 
sented some  for  comeing  late  on  the  Lords  daye  w^h  their 
armes  but  not  others,  thoughe  they  offended  cqualy  alike. 
William  Paine  saide  he  was  loath  to  doe  it,  but  yett  presented 
sundry  names  he  had  in  a  papr,  w^h  came  late  the  last  Saljoth 
in  Maye,  1647,  and  the  last  Saboth  in  June ;  some  of  them 
came  late,  and  some  brought  not  their  armes.  Seriant  Mun- 
son saide  he  dissiered  Willm  Paine  might  prove,  first  that  the 
men  came  late,  2'"y  that  he  did  not  present  them.  William 
Paine  saide  hee  hade  not  his  proofe  in  courte  ;  he  was  tould  if 
ther  was  indeede  a  fayling,  he  should  first  have  tould  his 
seriant  of  it  in  a  private  waye,  and  if  it  had  bine  reformed, 
well,  if  not,  then  he  might  have  complained,  for  every  souldier 
should  strive  in  all  lawfull  wayes  to  vpliold  the  honour  of 
their  ofhccrs.  Further,  Seriant  Munson  saitli  that  he  had  the 
names  of  sundry  in  a  note  to  give  the  marshall  that  they  might 
be  warned  to  the  courte,  but  he  lost  it  oute  of  his  pockett,  he 
knowes  not  how.  The  seriant  was  advised,  and  w'h  hime  the 
other  seriants,  that  they  would  carefully  attend  the  discharge- 
ing  of  that  trust  w^h  is  committed  to  them,  for  they  maye  see 
that  the  eyes  of  many  are  vpon  them. 

Mr.  Leete  and  Mr.  Jordan,  attornyes  for  the  towne  of 
Guilford,  entreth  an  action  against  Mr.  John  Ceffinch  of  New- 
hauen,  for  certaine  rates  due  vpon  a  lott  W^h  the  saide  John 
Ceffinch  houldeth  at  Guilford,  but  refuseth  to  paye  them, 
thoughe  they  haue  bine  demanded  of  hime.  Mr.  Ceffinch 
saithe  that  he  knowes  not  that  he  owes  the  towne  of  Guilforde 
any  thinge  for  rates,  for  they  haue  had  the  vse  of  his  lande. 


372  NEW   HAVEN   COLONY  RECORDS.  [1647 

Mr.  Leete  answered  that  it  is  true  they  vsed  some  of  his 
land,  but  that  was  to  satisfye  rates  towards  minesters  main- 
taynanc,  according  to  an  order  of  courte  made  in  Guilford 
tlie         ^  ,  w°h  was,  that  if  any  remove,  and  yett  hoold 

the  right  of  ther  land  in  ther  hands,  and  will  not  paye  towards 
the  minesters  maintaynanc,  it  should  bee  lawfull  for  the  au- 
thoritye  of  the  place  to  seize  the  whole  or  any  pt  of  their 
accommodations,  to  rayse  that  pt  of  the  minesters  maintayn- 
anc w^li  he  gave  in  to  paye,  and  to  render  the  ouerplus  to  the 
owner,  now  for  this  purpose  the  land  hath  bine  made  vse  of, 
but  not  for  the  towne  rates. 

Mr.  Ceffinch  saide  that  he  treated  w'^h  Mr.  Disburowe 
aboute  this  matter,  and  tendred  the  land  for  that  yeare  for  de- 
frayeing  of  charges,  and  Mr.  Disburowe  accepted  it,  and  pro- 
duced Mr.  Attwatter  for  his  wittnes,  whoe  testifyed  vpon  oath 
that  Mr.  Ceffinch  tendred  to  Mr.  Disburowe  the  laying  downe 
all  his  accommodations  in  Guilford  for  that  yeare  for  defraye- 
ing  publique  charges,  and  Mr.  Disburowe,  thoughe  he  was 
slowe  in  it,  yett  at  last  saide  if  yow  doe  it  according  to  towne 
order  we  cannot  refuse  it. 

The  plantiffe  saide  that  they  dissiered  to  hould  to  that,  that 
if  it  was  laide  downe  according  to  order  they  will  accept  it, 
but  that  it  was  not,  as  apeares  by  the  order  which  was  read  in 
courte,  a  copie  whereof  Mr.  Ceffinch  had  from  Guilforde. 

The  plantiffe  and  deffendant  being  demaunded  had  no  more 
to  saye.  The  court  proceeded  to  sentenc,  W^h  is  that  the 
deffendant  for  want  of  proofe  is  cast,  and  must  paye  the  rates 
to  Guilford  w<=h  is  due  for  his  lott  their. 

Mr.  Eobert  Newman  presented  into  the  courte  the  invento- 
rie  of  the  estate  of  M^is  Wilkes  deceased. 

Mr.  Goodyear  and  Mr,  Evanc  were  dissiered  by  the  courte 
to  prise  some  goodes  w^h  were  attached  of  Joseph  Godferies, 
and  if  Mr.  Malbon  put  in  security e,  he  hath  libbertie  to  sell 
them. 

[209].  II  Mr.  Evanc  attornye  for  Mr.  Daniel  Peirse,  merchant, 
entreth  an  action  against  Thomas  Moris  for  takeing  awaye  a 
flote  or  staye  of  Mr.  Peirses  and  not  returning  it  againe,  but 


1647]  NEW  HAVEN   COLONY  RECORDS.  373 

it  is  lost.  And  allso  for  damadge  w^h  the  saide  Daniell 
Peirsc  hath  or  mayc  siistaine  for  want  of  it. 

Thomas  Moris  saide  tliat  Mr.  Pery  dissicred  hime  to  fetch 
the  flote,  l)ut  hee  answered  hime  that  he  woukl  not,  and  he 
might  send  his  owne  men  for  it,  for  if  any  damadge  came,  if 
he  fetched  it,  it  wonkl  be  laide  vpon  hime,  but  Mr.  Pery  was 
very  importunate  w'h  hime,  &  tould  hime  that  they  would 
beare  hime  harmlesse,  so  by  much  perswasion,  he  and  John 
tlie  Duchman  fetched  it,  and  when  they  had  done  w'h  it,  he 
tould  Mr.  Pery  they  must  take  care  of  it,  and  he  and  Gren- 
feild  Larebe  saide  tliey  would  doe  it  as  Mr.  Chadwell  can 
testify  e. 

Mr.  Chadwell  testifyeth  vpon  oathe  that  l)eing  aboarde  the 
Phenix  when  the  worke  was  neare  done,  he  heard  Thomas 
Moris  aske  Mr.  Larebe  what  course  they  would  take  w^i  the 
staye,  for  Mr.  Peirse  would  haue  need  of  it,  he  knew  not  how 
soone;  Mr.  Larebe  answered  that  they  would  take  care  to 
haue  it  made  fast  and  secure  till  y^  river  was  cleare,  that  it 
might  be  caried  into  it  place ;  the  like  passadges  was  w'h  Mr. 
Pery,  and  Mr.  Perys  answer  was  the  same.  He  asked  them 
why  the  lighter  men  tooke  it  awaye  and  caried  it  to  the  old 
shipp  side,  they  said  that  that  was  the  secuerest  place  it  could 
be  laide  in,  till  the  river  was  cleare.  This  they  saide  both  of 
them,  thoughe  apart,  two  or  three  times. 

The  courte  considering  the  premises  saw  cause  to  judge  that 
the  damadge  must  fall  vpon  Thomas  Moris,  yett  Mr.  Pery  and 
Mr.  Larebe  will  be  lyable  to  make  hime  just  satisfaction,  ac- 
cording to  the  proofe  he  can  make,  and  the  court  advised 
Thomas  Moris  to  make  Mr.  Peirse  another  flote,  and  the  plan- 
tiffe  declared  himselfe  willing  to  accept  it,  so  it  might  be 
readye  by  the  midle  of  the  next  weeke,  and  Thomas  Moris 
being  incouradged  by  some  help  that  Mr.  Chadwell  &  Mr. 
Peirses  carpenter,  and  some  matterialls  w^h  Mr.  Goodier  & 
Mr.  Malbon  promised  to  afford,  promised  to  make  one. 


374  NEW  HAVEN  COLONY  RECORDS.         [1647 

A  Generall  Courte  the   St'^   day  op  March,  1647. 

The  Governer  acquainted  the  courte  that  the  millitarie  offi- 
cers, according  to  their  dissire,  had  considered  how  tlie  watch 
might  be  caried  on  for  more  ease  to  the  towne  then  formerly 
it  hath  bine,  and  thinke  that  foure  men  wUiout  a  master  maye 
serue  in  a  night,  (leauing  extraordinarie  occaisons  to  other 
considerations  as  tlie  courte  hath  before  provided.)  These  4 
men  to  carye  on  the  watch  in  manner  as  followeth,  They  are 
to  be  all  at  the  watch-house  an  houre  and  a  halfe  after  sunn 
sett,  w^h  their  amies  compleate,  according  to  the  former  order 
for  the  watch ;  and  the  4  seriants  in  their  course,  are  to  come 
to  the  watch-house  every  night,  to  sett  the  watch  and  give 
them  ther  charge;  and  allso  that  they  come  at  some  other 
times,  to  see  that  the  watch  doe  ther  duty  faithfully,  one  a 
weeke  at  the  least,  leaning  the  sett  time  to  themselues. 
These  4  men  are  to  walke  the  rounds,  two  one  pt  of  the  night 
&  two  the  other  pt  of  the  night.  And  whille  two  are  w^alke- 
ing,  the  other  two  to  keepe  sentinell  in  ther  course,  leauing 
other  circomstances  to  be  ordered  by  the  discretion  of  the 
seiiant,  as,  wheither  they  shall  walke  halfe  the  night  at  one  or 
no,  and  the  like ;  and  the  seriants  for  their  faithfull  discharge 
of  this  trust  are  freed  from  watching  in  their  owne  psons. 

After  some  debate  aboute  this  matter,  the  courte  agreed 
and  ordered  that  till  they  see  some  inconvenienc  arise  by  it, 
the  watch  be  caryed  on  in  this  manner. 

It  was  propounded  wheither  the  men  at  the  farmes  should 
not  watch  in  the  towne,  allso  concerning  the  deacons  and  dep- 
uties for  the  courte,  and  seamen. 

For  the  farmes  it  was  answered,  that  they  are  by  an  order 
of  courte  to  watch,  vnlesse  it  be  in  a  time  of  danger,  and  then 
they  are  to  keepe  watch  at  home. 

For  the  deacons  it  was  voted  that  they  be  wholly  freed,  and 
likewise  for  the  deputies  for  the  time  being.  And  for  seamen, 
if  they  were  indeed  seamen,  and  such  as  had  no  estate  in  the 
towne  to  be  preserved,  they  be  freed,  but  if  they  have  estate  in 
the  towne  then  they  are  to  find  a  watchman,  thoughe  they 
watch   not  in  ther  owne  persons.     It   was   further  ordered 


1647]  NEW   HAVEN   COLONY  RECORDS.  375 

that  Mr.  Pell,  Mr.  Westerhouse  and  Mr.  Auger  be  freed  from 
watching.* 

It  was  propounded  wheither  psons  that  are  aboue  60  yeares 
of  age  should  be  freed  from  watching.  It  was  ordered  that  if 
they  be  such  as  haue  estate  in  y^  towne,  thoughe  they  be  freed 
in  their  owne  psons,  yett  they  must  find  a  watchman.  All 
others,  not  exempted  by  publique  place,  to  watch. 

William  Judson  and  John  Brockett  propounded  that  they 
might  be  freed  from  watching,  but  the  courte  sawe  no  cause 
to  grant  it. 

The  Gouerner  dissiered  the  scriants  that  they  would  be 
carefuU  to  looke  to  their  squadrons  vpon  the  Lords  dayes,  that 
all  they  w^h  transgrese  the  court  order  maye  be  presented, 
that  so  all  show  of  parallitie  maye  be  avoyded. 


[210]     Att  a  Generall  Courte  the  23th  of  March,  1647. 

The  Gouerner  acquainted  the  court  that  those  whome  they 
appointed  to  consider  of  the  absent  lotts  had  done  it,  and  finde 
the  charge  Wh  is  vpon  them  by  fencings  &  rates,  to  be  very 
highe ;  and  allso  that  the  lotts  are  not  of  an  equalle  goodnesse, 
hee  therfore  dissiered  to  knowe  ther  minde,  wheither  they  will 
expect  or  require  all  the  rates,  or  abate  any  pt,  and  howc 
much.  And  wheither  they  will  grant  any  of  them  freely  to 
some  psons  for  publique  respects,  and  wheither  they  will  now 
consider  and  dispose  of  the  matter  themselues,  or  chusc  a 
comittee  to  whome  they  will  refer  the  wholle  matter. 

The  courte  considered  the  propossition,  and  agreed  to  chuse 
a  committe.  And  the  persons  chossen  are  the  magistrates, 
elders  and  deacons,  the  treasurer  and  on  oute  of  each  quarter, 


viz^ . 

Francis  Newman,  for  Mr.  Eattons  quarter. 
Eichard  Myles,  for  Mr.  Goodyears  quart. 
Henry  Lindalle,  for  Mr.  Lambertons  qurt. 
John  Cooppr,  for  Mr.  Newmans  quart. 

*  Probably  because  they  practiced  medicine.  For  some  account  of  Mr.  Pell  who 
had  been  a  surgeon  in  the  Pequot  war,  and  from  whom  the  town  of  Pelham  takes  its 
name,  the  reader  is  referred  to  Bolton's  Hist.  Westchester  County,  i.  521. 


376  NEW   HAVEN   COLONY  RECORDS.  [1647 

John  Clarke,  for  tlie  subverbs. 

Mr.  Crane,  for  Mr.  Malbons  quarter. 

Mr.  Evanc,  for  his  owne  quarter. 

Mr.  Gibbard,  for  Mr.  Wakemans  quart. 

Mr.  CeflEinch,  for  his  owne  quart. 
Livetenant  Seely,  for  the  subverbs  where  he  dwelleth. 
To  these  or  the  maior  pt  of  them  agreeing,  tlie  courte  gives 
full   power  to  dispose  of  the  absent  lotts,   w'h  what  abate- 
ment of  rates  or  fencing  or  publique  respects  they  shall  see 
cause.     Allso  to  consider  and  reserve  what  lott  they  shall  see 
meette  &  most  commodious  for  a  colledg,  w°h  they  dissire 
maye  bee  sett  vp  so  soone  as  their  abillitie  will  reach  thervnto. 
The  Gouerner  acquainted  the  courie  that  brother  Andrewes 
had  bine  w^h  hime  aboute  keepeing  the  ordinarie,  and  is  willing 
to  keepe  it  if  he  could  see  a  waye  howe  hee  might  be  able  to 
provide  things  at  the  best  hand  in  season.     He  therfore  pro- 
pounds that  the  towne  woulde  buy  his  house,  house  lott  and 
land,  &  make  hime  such  paye  as  he  might  buy  provissions  in 
season  at  best  .hand,  and  he  will  live  in  it  &  paye  them  rent 
by  the  yeare  till  he  can  provide  himeselfe  of  another  house, 
convenient  and  nearer  the  watter  side  for  this  purpose,  and  he 
will  reffer  the  pric  to  indifferent  men  to  judge.     The  gouerner 
asked  the  courte  if  they  would  not  chuse  some  to  consider  w'h 
bro :  Andrewes  of  this  matter,  and  they  agreed  to  doe  it,  and 
chosse  Richard  Myles,  Henry  Lendalle,  Thomas  Munson,  Jer- 
vic  Boykine,  Francis  Newman  and  John  Cooper  as  a  committe 
to  consider  of  it  and  make  rcporte  to  the  courte  as  they  should 
finde  cause.     Further  William  Andrewes  propOundes  that  he 
might  have  some  part  of  the  Oystershell  feild  for  a  jjasture  for 
strangers  horses  and  some  medowe  ground  w^h  lyes  conven- 
ient to  gett  haye  for  strangers  horses  in  the  winter,  all  which 
vpon  the  isue  of  the  former  matter,  tlie  courte  would  consider 
further  off. 

It  is  ordred  that  if  any  cattle  be  found  in  any  corne  feild  or 
other  severall  ground  where  they  are  not  to  come,  the  owner 
shall  paye  5'^  a  heade,  (beside  damadge,)  wherof  1*^  is  to  the 
pounder  if  they  be  pounded,  and  4^^  to  hime  that  bringes  them 


1647]  NEW   HAVEN    COLONY   RECORDS.  377 

forthe,  either  home  or  to  the  pound ;  and  for  horses  it  is  7*^  a 
pec,  1^  to  the  pounder  &  6*1  to  hime  that  bringes  them  forthe. 

Henry  Lindalle  was  chossen  in  the  roome  of  Anthony 
Tompson  to  joyne  with  them  that  are  appoynted  to  view  that 
land  for  Mr.  Goodyeares  and  Mr.  Wakemans  quarters. 

It  is  ordred  that  every  cooper  w^hin  this  plantation  shall 
take  care  that  he  make  his  ware  tight  and  good,  and  full  for 
gadge,  and  shall  sett  his  burned  marke  vpon  it  that  his  ware 
maye  bee  knowne,  and  allso  the  just  gadge,  howe  much  it 
holdeth,  w'^h  is  to  be  as  followeth;  the  hogshead  64  gallons, 
but  not  lesse  then  62 ;  the  halfe  hogshead  or  quarter  caske, 
32  gallons,  but  not  lesse  the  30 ;  and  the  barrell  48  gallons, 
but  not  lesse  then  ^  .  Thesse  to  bee  all  marked  as 
they  will  hold  vpon  tryall,  and  no  otherwise. 

Captaine  Malbon  acquainted  the  courte  that  the  watches 
were  made  vp,  but  he  finds  that  sundrye  old  men  and  seamen 
find  themselues  agreived  that  they  are  put  into  watch,  ther- 
fore  wheither  the  courte  will  not  spare  them,  but  it  was 
respited. 

Mr.  Robert  Newman  propounded  to  the  courte,  that  ther 
quartr  and  the  next  wher  Mr.  Ceffinch  lives,  dissires  that 
they  might  have  on  third  pt  of  ther  land  w'hin  the  two  myle 
exchanged  for  so  much  at  heither  end  of  the  playnes,  because 
that  on  the  hill  is  so  stony  they  cannot  plant  it,  and  yett  is  bet- 
ter for  pasture  then  y^  plaine.  The  courte  considered  of  it 
and  chose  Mr.  Malbon,  Mr.  Wakeman,  Mr.  Crane  and  Leiv- 
tenant  Seely  as  a  committe  to  view  and  consider  of  what  they 
propound,  and  howe  it  may  stand  w'^li  the  townes  conveniency 
or  inconveniency,  and  to  make  report  backe  to  y^  courte. 

It  is  ordered  that  every  man  shall  attend  the  putting  his 
cattle  that  waye  his  land  lyeth,  and  if  any  putt  any  vpon  any 
common  where  he  hath  no  land  lye,  he  must  take  care  that 
they  maye  so  goe  vnder  keepers  as  that  they  maye  not  come 
vpon  other  mens  land  to  doe  them  damadge ;  if  they  doe,  they 
are  to  be  pounded  &  the  owner  to  answer  it  at  the  pertickuler 

courte. 

48 


378  NEW   HAVEN   COLONY   RECORDS.  [1648 

[211]  A  CouRTE  THE  2^1'  OF  Maye  1648. 

Thomas  Hogge  was  warned  to  the  courte  for  not  comeing 
to  watch  on  night  the  last  weeke  in  Aprill,  but  it  apeared  he 
had  not  sufficient  warning,  so  it  was  passed  by. 

Richard  Spery  was  complained  of  for  not  comeing  to  watch, 
but  Mr.  Goodier  answered  for  hime  that  when  he  was  neare 
comeing  from  the  farme  they  wanted  an  oxe,  the  neager  said 
he  was  sickc  &  left  in  the  woods,  so  he  was  faine  to  goe  forth 
to  seeke  hime  least  hec  should  be  lost. 

Jonathan  Marsh  was  complained  of  for  not  comeing  to 
watch,  he  saith  he  vnderstoode  not  the  warning,  for  it  was  in 
the  night  when  he  was  asleepe,  but  because  William  Russill, 
whoe  warned  hime,  was  not  in  courte,  it  was  respited. 

Old  Goodman  Willmote  and  Samuell  Marsh  tooke  the  oathe 
of  fidellitie. 

James  Byshopp  was  complained  of  for  not  comeing  to  watch 
but  it  appeared  he  had  not  warning,  thoughe  he  was  careful! 
to  inquire  after  it,  so  it  was  passed  by  for  this  time. 

Mr.  Goodanhouse  was  complained  of,  and  John  Fisher,  Mr. 
Westerhouse  man,  for  not  comeing  to  watch.  They  made 
ther  severall  excuses,  w'^h  for  this  time,  seeing  they  were  stran- 
gers, the  court  accepted  and  passed  it  by,  they  promising  for 
time  to  come  to  attend  the  servic  more  carefully. 

William  Paine  was  called  to  make  proofe  of  the  charge  he 
made  against  Seriant  Munson.  Hee  saide  it  was  not  his  intent 
to  charge  Seriant  Munson  w^i  partiallitie.  The  Governor 
told  hime  he  charged  it  so  as  it  must  be  partiallitie  or  grose 
negligenc.  He  produced  William  Gibbins,  whoe  saith  that  he 
tooke  notice  that  some  came  late,  as  Henry  Lindalle,  Allen 
Balle,  Goodman  Lampson,  William  Blayden ;  but  it  is  long 
sine,  and  he  cannot  tell  wheither  they  were  complained  of  or 
no.  John  Halle  saith  he  sawe  Goodman  Lampson  and  Henry 
Lindalle  come  late,  but  wheither  they  payde  for  it  or  no  he 
cannot  tell.  William  Paine  saith  that  Thomas  Moris  came 
wt^hout  amies,  and  Edward  Campe.  William  Holt  saith  so 
allso.  Seriant  Munson  saith  he  tooke  not  notice  that  they 
came  w^iout  amies,  and  wheither  it  were  not  vpoii  some  day 


1648]  NEW   HAVEN   COLONY  RECORDS.  379 

that  he  was  absent,  for  he  was  2  or  3  dayes  justly  hindred  last 
summer.  And  for  Henry  Lindall  and  Allen  Balle,  they  were 
not  in  his  sqviadron.  William  Payne  was  tould  he  had  not 
carried  it  well,  for  he  should  have  told  the  seriant  of  it  before, 
and  not  lett  it  passe  till  he  was  complained  of  himselfe,  and 
then  in  this  distemper  to  declare  it,  it  did  not  savour  well,  but 
he  said  he  was  sorey  for  it.  Seriant  Munson  was  told  y*^  the 
court  judged  hime  faithfull  in  his  trust,  yett  it  had  the  appear- 
anc  of  negiigenc,  but  they  hoped  this  would  be  a  warning, 
and  so  passed  it  by. 

Mr.  Evanc  tendred  an  account  betwixt  Henry  Gibbines  and 
Mr.  Trobridg,  wherin  it  appeared  Mr.  Trobridg  was  debtto'' 
to  the  said  Henry  20^  05^  05'',  yett  because  he  is  not  able  so 
fully  to  cleare  the  acc°  as  to  make  oathe  it  is  so  much,  some 
paprs  being  lost,  he  is  content  to  accept  of  10'  as  full  satisfac- 
tion, and  that,  he  dares  take  oath,  is  due  to  hime  at 
least. 

Mr.  Crane  allso  demaunds  10'  from  the  same  estate  of  Mr. 
Trobridg,  w^^h  Henry  Gibbins  saith  was  due  to  hime  from  his 
master,  but  being  asked  if  he  could  make  oathe  of  it,  he  was 
at  a  stand,  but  they  were  wished  to  prepare  accounts  more 
perfectly  against  the  courte  of  magistrats. 

Mr.  Robert  Newman,  as  M^s  Wilkes  her  execute,  hath 
sould  and  passeth  oner  to  Robert  Bassett  the  house  and  home 
lott  of  M^'s  Wilkes,  w'h  what  ground  aboute  the  house  was 
granted  by  the  towne  to  Mr.  Wilkes.  The  price,  40',  that  is 
30'  for  the  house  and  10'  for  the  garden  or  orchyard.  He  to 
take  the  house  wthoute  repaires,  as  it  was  prised  by  William 
Andrewes  and  Thomas  Munson  ;  and  what  repaires  hath  bine 
done  sine  it  was  prissed,  he  to  paye  it  beside  the  40'.  He  is 
to  paye  the  one  halfe,  that  is  20',  betwixt  this  and  the  29th  of 
September  next,  and  the  other  20'  at  or  before  the  first  daye 
of  Maye  next.  This  paye  to  be  made  in  corne,  cattle  or 
wamppome. 

John  Halle  challengeth  something  of  M"s  Wilkes  estate 
as  a  legacy  given  by  Mr.  Wilkes  to  his  wife,  but  it  was 
respited. 


380  NEW   HAVEN   COLONY   RECORDS.  [1648 

An  inventorie  of  the  estate  of  William  Ballc  deceased  was 
delivered  into  the  courte,  and  ordered  to  be  recorded.* 

Mr.  Samuell  Goodanhoiise  complained  of  ^  ,  a 

Duchman  W^h  is  servant  to  Mr.  Henry  ^  and  was 

prepareing  to  rune  awaye  from  hime,  for  he  had  gathered 
many  things  together  for  that  purpose  as  himeselfe  confeseth. 
One  before  he  did  run  awaye  as  farr  as  Farefeild  but  was 
stayde  and  sent  backe  by  Mr.  Ludlowe,  and  was  brought  be- 
fore the  governor  heare  and  promised  amendment,  but  yett 
returnes  to  the  same  course  againe.  He  leaues  it  wUi  the 
courte,  dissiering  them  to  showe  what  favoure  they  maye. 
The  courte  considering  this  delinquent  had  had  warning 
before  and  promised  amendment,  and  yett  now  returnes  to  the 
same  euill  againe,  ordered  that  he  should  be  whipped,  yett 
w^h  some  moderation,  seing  he  is  a  stranger,  and  his  govern- 
ors whoe  susteyne  the  damadge  dissire  it. 
[212]  II  The  marshall  tould  the  courte  William  Wooden  had 
neglected  his  watch,  and  by  hime  sent  this  answer,  that  that 
nio-ht  he  was  not  well  and  gott  another  to  watch,  whome  he 
conceives  promised  hime,  but  he  deceived  hime  and  the  watch 
was  neglected,  so  he  leaues  it  to  the  courte.  The  court 
agreed  that  William  Wooden  be  warned  to  the  next  courte  to 
give  his  owne  answer. 

Joseph  Gernsye  was  complained  of  for  want  of  armes,  but 
he  not  being  in  courte  himselfe,  but  sent  his  answer  by  the 
marshall,  it  was  respited. 

Mr.  Theophilus  Higenson  propounded  to  the  courte  that 
Edward  Chiperfeild  owed  hime  xx%  he  dissiered  the  helpe  of 
the  courte,  that  he  might  have  it;  he  was  told  when  the 
estate  is  setled  then  the  debte  muste  bee  proved,  and  till 
then  it  must  be  respited. 

*  "An  inventorie  of  the  estate  of  William  Ball  taken  the  30^''  daye  of  the  2'*'  moneth 
1648.    £13.  0.  9."  by  Joshua  Atwater  and  Thomas  Kimberiye. 


1648]  NEW   HAVEN    COLONY   RECORDS,  381 

Att  a  Generall  Court  the  22th  op  Mate  1648. 

William  Jeaiies  was  admitted  a  member  of  this  court  and 
tooke  the  freemaiis  charge. 

Mr.  Wakcmaii  and  Mr.  Crane  were  chosscn  deputies  for  the 
jurisdiction  generall  court. 

Mr.  Gibbard,  Mr.  Crane,  Richard  Milles  &  Francis  Newman 
were  chosen  deputies  for  the  plantation  court  of  Newhaven 
for  the  yeare  ensuing. 

Mr.  William  Gibbard  was  chosen  treasurer  for  Newhaven 
for  the  yeare  ensuing. 

Francis  Newman  was  chosen  secretarie  for  Newhaven  for 
the  yeare  ensuing. 

Thomas  Kimberly  was  chosen  marshall  for  Newhaven  for  y^ 
yeare  ensuing. 

The  Governor  propounded  to  the  court  that  they  would  con- 
sider something  aboute  the  watches,  for  it  is  found  that  as  it 
was  last  setled  ther  is  inconvenienc  in  it,  because  y^  warning 
of  the  watch  is  so  late  that  it  makes  disturbanc  in  mens  fam- 
ilies when  they  are  in  l)ed.  The  court  considered  of  it,  and 
for  prevention  ordred,  that  the  foure  watchmen  w'^h  are  to 
watch,  come  to  that  sariants  house  wher  they  shall  be  ap- 
pointed, halfe  an  houer  after  sunn  sett,  vnder  the  penalltie  for- 
merly setled ;  and  the  first  two  that  come,  the  sariant  is, 
(haveing  given  ther  charge,)  to  send  pi'sently  forth  to  warne 
the  next  watch,  and  so  to  walke  the  rounds  in  ther  course  as 
before  ordred.  The  other  two  haueing  ther  cliarge  from  the 
sariant,  are  to  march  to  the  watch-house,  keeping  the  court  of 
gaurde,  and  takeing  ther  turne  to  walke  the  roundes  as  bee- 
fore  ordred.  And  if  it  fall  out  that  one  or  more  be  absent  at 
the  time  appointed,  the  sariant  hath  power  from  this  court  to 
goe  and  take,  to  supply  his  p^sent  watch,  out  of  that  watch 
w<=h  should  watch  the  night  following,  and  they  w^h  should 
haue  watched  shall  paye  halfe  the  fine  for  late  comeing  to  them 
that  watch  in  ther  roome,  and  thoughe  they  come  after,  yett 
shall  returne  home  againe  and  watch  for  them  the  night  fol- 
lowing. 

John  Meges  is  freed  from  trayning  because  he  is  lame,  and 


382  NEW  HATEN   COLONY  RECORDS.  [1648 

from  watching  in  his  owne  person,  provided  that  he  hire  a 
man  to  watch,  that  the  sariants  shall  approve  of. 

Thomas  Moris  because  of  his  occaisions  aboute  watterworke, 
w^h,  by  reason  of  the  tide,  is  sometimes  late  at  night,  (vpon 
his  desire,)  is  allowed  to  hire  a  man  to  watch  w^h  the  sariants 
shall  approve  of. 

It  is  ordred  that  those  farmers  and  their  covenant  servants 
w^'h  have  no  estate  in  the  towne,  are  for  the  pi'sent,  till  the 
court  see  cause  to  alter  it,  freed  from  watching. 

Mr.  Goodyeare,  because  his  farme  is  allone  and  farr  from 
the  towne,  hath  two  men  freed  from  watching. 

David  Atwater,  Richard  Mansfeild,  is  to  finde  each  of  them 
a  man  to  watch  at  the  towne  in  regarde  of  ther  house  lotts 
heare. 

Mr.  Goodanhouse  farme  is  respited  till  the  court  more  fully 
vnderstand  from  him  wheither  it  is  lett  or  no,  and  how,  but 
his  men  are  to  watch  in  the  meane  time. 

It  is  ordred  that  the  Necke  be  driven  this  afternoone,  and 
what  catle  are  found  that  transgrese  the  order,  are  to  be 
pounded  or  driven  to  some  yard,  and  the  names  of  the  own- 
ers and  the  number  of  the  catle  given  to  the  governor. 

John  Meges  was  chosen  clarke  for  ye  trayne  band  of  New- 
hauen. 

The  officers  for  the  artillary  chosen  this  yeare  was  p''sented 
to  the  court,  viz'^.  Eobert  Seely,  Captaine,  William  Andrewes, 
Leivtenant,  Mr.  Chittendine  of  Guilford,  John  Nash,  William 
Fowler,  Richard  Beckly,  Sariants.  Henry  Lendalle,  Ensigne. 
Richard  Myles,  Clarke. 

Samuell  Whithead  is  chosen  collecto''  for  the  colledge  corne 
for  this  yeare,  in  the  rome  of  Anthony  Tompson  deceased. 

The  Governor  propounded  to  the  court  to  know  wheither 
they  thought  it  convenient  and  would  allow,  that  two  or  three 
house  lotts  in  the  towne  should  be  laide  into  one,  by  w'^h 
meanes  the  number  of  planters  is  deminished  and  the  towne 
weakened,  and  many  other  considerations ;  allso  wheither 
they  thinke  it  not  meete,  that  every  house  lott  in  the  towne 
finde  a  watchman,  thoughe  ther  be  no  house  or  no  bodey 
dwell  vpon  it.     The  court  thought  it  worthy  of  consideration 


1648]  NEW    HAVEN   COLONY   RECORDS.  383 

and  refered  it  to  the  magistrats,  elders  and  deacons,  and  the 
deputies  for  the  court,  as  a  committee  to  consider  and  deter- 
mine of  it. 

It  was  propounded  wheither  seamen  should  watch,  but  after 
much  debate  and  yett  no  issue,  the  governor  was  desired  to 
Wright  to  the  governor  in  the  Baye  to  know  what  they  did 
ther  aboute  it,  and  then  the  court  will  consider  of  it  againe. 

[213]  II  The  Governor  acquainted  the  court  the  heares 
ther  is  some  families  in  the  towne  want  releife,  as  widdow 
Knowles,  widdow  Halbich  ;  the  ordred  that  M'  Gilbert  &  Mr. 
Wakeman  joyne  w^h  the  treasurer  to  consider  of  their  state, 
that  they  be  not  put  to  extremity. 

Lancelot  Fuller  desired  the  court  that  they  would  grant 
him  a  pec  of  land  to  sett  a  house  vpon,  vpon  the  banke  side 
by  the  creeke,  betwixt  M^s  Lambertons  house  an(^  Sariant 
Jefferyes.  The  court  chose  Mr.  Goodyeare,  Leivtenant  Seely, 
Jasper  Crane  &  Francis  Newman  to  veiw  &  consider  of  it,  & 
report  backe  to  the  court  how  they  finde  it. 

It  is  ordred  that  order  for  killing  old  wolues  and  foxes  w^h 
allowed  15^  for  a  woolfe,  and  2^  (j'^  for  a  fox  be  againe  in  fore  ; 
but  for  younge  woolues  or  younge  foxes  it  is  but  halfe  the 
price. 

Mr.  Malbon  acquainted  the  court  that  those  wlioe  were 
appointed  to  veiwe  Mr.  Newmans  quarter  haue  don  it,  and 
find  not  but  the  towne  might  grant  the  exchange,  if  ther  could 
be  a  convenient  way  found  to  that  they  would  part  w^h,  but 
that  not  yett  appearing,  it  was  respited.  Allso  that  those  that 
were  appointed  to  veiwe  one  the  west  side  for  Mr.  Goodyeares 
and  Mr.  Wakemans  quarters,  beyonde  Mr.  Malbons  meddowe, 
haue  done  it,  and  hnde  nothing  but,  if  they  desire  their  land 
their,  the  towne  maye  grant  it  wUiout  inconvenienc  to  them- 
selues. 


[There  was  a  General  Court  for  the  Jurisdiction  held  on  the  31st  of  Maj',  1648,  as 
we  learn  from  the  JIS.  Records  of  the  United  Colonies,  (Hazard  erroneously  gives  the 
date  as  May  3d.)  The  time  for  the  election  of  officers  for  the  jurisdiction  had  been 
changed  from  October  to  the  last  Wednesday  in  May,  probably  at  the  preceding  ses- 
sion.   At  this  time  Theophilus  Eaton  and  John  Astwood  were  chosen  commissioners.] 


384  NEW  HAVEN  COLONY  RECOEDS.         [1648 

A  Court  held  at  Newhaven  the  6^^^  op  June  1648. 

John  Moss  passeth  ouer  to  Richard  Beech  1  ac,  1  quarter  & 
14  rod  of  meddowe,  lying  in  the  west  meddowe,  one  end  abut- 
ting on  the  West  River,  the  other  end  runing  into  a  cove  in 
the  vpland,  betwixt  the  meddowe  of  Richard  Beech  &  James 
Russell. 

William  Blayden  was  complained  of  for  not  appearing  at 
the  last  generall  court,  he  sayd  he  heard  not  the  drume  nor 
knew  that  their  was  a  court,  and  sayd  he  could  take  his  oath 
of  it.     The  court,  seing  they  could  not  prove  it,  past  it  by. 

Mr.  Cheffinch  declared  in  court  that  he  approved  of  his 
brother  Thomas  Ceffinch  his  will,  and  accepted  of  the  exocu- 
to^'ship,  and  pt'sented  an  inventorie  of  the  estate  of  the  sayd 
Thomas«Ceftinch  in  court,  amount  to  343^  00 :  00.  prised  by 
Josua  Atwater  &  Samuel  Cefhnch,  the  6*^  of  June  1648.* 

Joseph  Gernsey  was  warned  to  the  court  and  appeared,  and 
was  complained  of  for  want  of  armes.  He  made  his  excuse 
that  he  was  poore  when  he  came  out  of  his  time,  &  sine  he 
hath  intended  to  goe  to  sea,  so  hath  neglected  it,  but  was  tould 
that  these  excuses  would  not  serve,  for  though  he  was  poore 
or  went  to  sea  he  must  have  armes.  For  this  neglect  he  was 
fined  5%  &  if  he  be  not  provided  in  a  moneth,  it  will  bring  a 
greater  fine  vpon  him. 

Leivtenant  Seely,  as  sealler  of  leather  for  the  towne,  com- 
plained that  he  saw  some  leather  a  dressing  that  was  not  seal- 
led  nor  fitt  to  be  sealed  ;  he  inquired  whose  it  was,  the  currier 
sayd  some  of  it  was  Abraham  Dowlitles,  some  John  Chidseys, 
some  Jn"  Gregoryes.  Jn^  Megs  had  none  their,  but  he  saw 
a  pare  of  shooes  w<=h  came  from  him  w*^!!  was  made  of  leather 
gren  and  horney,  neither  sealed  nor  fitt  to  be  sealed,  w^h  was 
but  of  the  threes,  yett  the  pric  2«  8^  or  2^  10^. 

John  Gregory  answered  that  his  leather  was  sealed  as  much 
as  he  thought  necessary,  before  this  last  order  was  made  ;  he 
was  told  it  was  not  sealed  at  all,  but  onely  cuttfor  tryall;  and 


*  In  the  margin,  "At  a  court  7*=  4"'  Septra.  1649,  ye  inventorie  was  proved  bj-e  oath 
of  y  prisors  for  yi^  vallew  &  by  y''  oath  of  y'^  executor  for  y'^  quantitie." 


1648]  '  NEW   HAVEN   COLONY   RECORDS.  385 

by  that  cutting  it  appeared  not  fully  tanned,  so  not  fitt  to  be 
sealed,  and  that  before  this  last  order  he  sealed  or  marked 
other  mens  hides  w^h  N.  H.  Wh  a  knife,  besides  cutting  them 
for  tryall ;  that  if  he  had  thus  sealed  or  marked  this  leather, 
it  had  bine  a  double  fault,  in  makeing  faultie  leather  into 
shooes,  and  in  falsifying  an  office  trust,  sealing  that  w'^h. 
should  not  be  sealed.  But  he  was  further  told  that  this 
leather  was  not  sealed,  and  the  last  order  reached  all  vnsealed 
leather  in  any  mans  house  or  custody,  then  he  sayd  he  thought 
the  sealer  should  have  come  to  his  house  to  inqiiire  after 
vnsealed  leather ;  he  was  told  it  was  no  part  of  the  sealers 
worke,  they  that  had  vnsealed  leather  ought  to  speake  or  send 
for  them,  and  so  it  was  generally  vnderstood,  and  others  did 
send  for  him,  &  Mr.  Malbon  was  instanced  in ;  then  he  sayd  it 
was  his  ignoranc,  but  that  satisfyed  not.  Lastly  it. was  con- 
ceived that  from  Abraham  Dowlitle  or  John  Chidsey  he  vnder- 
stood that  Leivtenant  Seely  had  found  faidt  w'h  his  leather, 
as  neither  sealed  nor  fitt  to  be  sealed,  and  yett  he  had  wrought 
it  out,  or  pt  of  it,  into  shooes,  W^h  beside  the  injurye  to  the 
buyers,  seemed  a  contempt  of  y"^  authority  by  w^h.  the  order 
was  made,  this  he  acknowledged  not,  whervpon  his  miscar- 
iage  was  respited  till  Abraham  Dowlitle  and  Jn°  Chidsey, 
(now  abroade,)  come  home. 

John  Meges  being  questioned  for  the  shooes  he  made  of 
faultie  vnsealed  leather,  and  perticulerly  for  a  pare  sould  to 
Moses  Wheeler,  pretended  ignoranc  that  leather  in  mens 
houses  should  be  sealed.  He  acknowledged  himselfe  had 
curryed  a  pec  of  leather  which  he  had  in  the  house,  tlioughe 
he  knew  it  was  both  vnsealed  and  horney,  not  tanned.  He 
acknowledged  that  vpon  Moses  Wheelers  importunity  he  had 
made  him  a  small  pare  of  shooes  of  that  leather ;  what  pric 
he  tooke  for  them  he  remembers  not,  but  hee  intended  if 
Moses  Wheeler  should  after  complaine  of  the  shooes,  to  make 
satisfaction.  The  court  remembering  what  had  formerly 
passed  betwixt  Goodman  Megs  and  old  Goodman  Gregory, 
and  that  at  another  court  sine,  Goodman  Meges  of  his  owne 
[214]  accord  had  acknowledged  ||  his  sinnfull  miscariage,  in 
makeing  and  selling  deceitful!  shooes,  w^h  such  appearanc  off 
49 


386  NEW  HAVEN  COLONY  RECORDS.  [1648 

an  inward  conviction,  and  suitable  sorrowe,  tliat  all  or  most 
that  heard  him  inclined  to  satisfaction,  was  deeply  offended  at 
this  passage.  How  many  shooes  John  Meges  hath  since  made 
and  sould  of  such  faultie  vnsealed  leather  they  know  not,  but 
in  this  one  paire  severall  evills  appeare.  First  contempt  of 
authority  in  breaking  an  order  wherin  himselfe  w*h  others  had 
bine  advised  wUi  and  had  approved  it.  Secondly,  continewed 
vnrighteousnes  in  selling  a  small  paire  of  shooes  made  both 
vpper  leathers  &  soales  of  faulty  leather  at  so  highe  a  price, 
not  acquainting  the  buyer  w'h  any  defect,  or  purpose  of  any 
restetution  if  the  shooes  proved  bad.  Thirdly  much  appear- 
anc  of  guile  in  his  late  repentanc,  returning  so  soone  to  the 
same  sinn  for  w^h  he  had  volluntaryly  and  publiquely  judged 
himselfe.  Wherfore  reserving  libbcrtie  to  themselues  to  heare 
and  consider  any  other  mans  complaint  against  Goodman 
Megges  for  selling  such  faultie  shooes,  when  any  such  shall  be 
brought,  the  court,  for  this  miscariage,  agravated  by  the  fore- 
named  circumstances,  ordered  Goodman  Meggs  to  paye  twenty 
shillings  to  the  towne  as  a  fine,  beside  due  satisfaction  to 
Moses  Wheeler  when  it  shall  be  required. 

John  Jackson,  Beniamen  Willmot  &  TMiomas  Yale  were 
complained  of  for  not  comeing  to  watch,  but  it  appeared  they 
had  not  seasonable  warning,  and  it  was  before  the  watches 
were  setled  in  their  course,  therforc  the  court  for  this  time 
past  it  by. 

Francis  Hall  was  warned  to  the  court  and  appeared,  and 
was  complained  of  for  refusing  to  watch  himselfe,  and  for 
counselling  others  to  refuse  it  allso,  W^h  cariage  holds  forth 
contempt  and  a  riseing  vp  against  the  authority  of  the  place. 

Francis  Hall  sayd  he  spake  some  words  to  Seriant  Fowler, 
but  he  intended  no  such  thinge.  Seriant  Fowler  sayd  he  sent 
Francis  Hall  word  to  come  to  watch  one  the  third  day  at  night, 
but  he  came  not,  nor  any  for  him,  so  he  hired  a  man  to  watch 
in  his  roome ;  the  next  day  he  mett  w^h  Francis  Hall  at  Mr. 
Evanc  his  house,  and  told  him  he  should  have  attended  his 
watch,  but  he  hired  one  to  watch  for  him,  and  bid  him  either 
paye  him  or  watch  for  him  againe,  but  he  answered  he  would 
doe  neither  of  them,  and  was  verey  stiffe  &  peremptory,  and 


1648]  NEW    HAVEN   COLONY   RECORDS.  387 

though  Mr.  Evanc  and  Robert  Martin  both  perswadecl  liim,  he 
would,  not  harken. 

Mr.  Ling  sayd  that  John  Jones  his  farmer  told  him  that 
Francis  Hall  dishartened  him  from  watching,  saying  they 
should  all  fare  y^  better  if  he,  the  sd  Jn°  Jones,  went  not  to 
watch.  Francis  Hall  seemed  to  fall  vnder  it,  &  saide  he  rath- 
er beleived  Seriant  Fowler  tlien  himselfe,  and  doth  allso  beleive 
what  Jno  Jones  saith,  and  submitts  to  the  courte. 

The  court  considered  the  cariage  of  Francis  Hall,  and  saw 
it  contempt  of  authority  w^i  a  disrepective  cariage  to  the 
seriant  in  his  place,  and  such  counsell  gave  to  others  w<^h  as 
in  the  nature  of  it  tendes  to  disturbanc  in  the  commonwealth, 
therfore  ordered  that  Francis  Hall  paye  as  a  fine  to  the  towne, 
twenty  shillings. 

Richard  Myles  and  Rogger  Allen  were  appoynted  to  prise 
the  estate  of  William  Ives  deceased. 

Richard  Myles,  William  Tompson  &  Mathew  Camfeild  were 
appointed  to  prise  and  vallew  the  estate  of  Anthoney  Tompson 
deceased. 


A  Generall  Court  the  3^''  of  July,  1648. 

Thomas  Moris  was  admitted  a  member  of  this  court  and 
received  the  freemans  charge. 

Mr.  Gibbard  being  chosen  the  last  court,  Treasurer  for 
Newhaven  for  a  yeare,  did  now  desire  the  court  to  make 
choise  of  another,  for  he  was  not  fitted  w^h  abillities  to  carie 
one  that  worke  to  the  townes  satisfaction  nor  his  owne,  but 
would  rather  submitt  to  a  fine  and  be  spared  from  the  place. 
It  was  propounded  to  the  court  wlieither  they  would  free  Mr. 
Gibbard  according  to  his  desire,  but  the  court  did  againe  con- 
firme  ther  former  choise,  judging  him  a  man  meete  and  fitt 
for  that  place,  and  voted  that  Mr.  Gibbard  be  treasurer  for 
Newhaven  for  the  ensuing  yeare. 

The  Governer  acquainted  the  court  that  the  heardmen 
have  complained  to  him  that  y^  dry  catle,  as  oxen  and  steeres, 
do  so  trouble  their  beards  that  they  know  not  what  to  doe  wUi 
them.     It  was  therfore  propounded  wlieither  the  court  would 


388  NEW  HAVEN  COLONY  RECOEDS.  [1648 

not  make  some  order  to  p^vent  it,  w^li  the  court  considered 
how  to  doe,  and  ordered  that  if  any  dry  catle  or  oxen  be  found 
in  the  cowes  walke  to  trouble  the  heards,  the  owner  of  them 
paye  S**  a  head,  beside  poundage  if  they  be  pounded ;  and  if 
any  quarter  or  quarters  shall  agree  together  to  di'ive  out  their 
catle  or  hire  a  keeper,  and  any  refuse,  they  haueing  had  sea- 
sonable notice  therof,  the  pticuler  court  shall  judg  of  their 
miscariage,  &  order  them  to  paye  and  beare  charges  wUi  their 
neighbours,  according  to  their  proportion. 

The  planters  one  the  west  side  of  the  towne  desired  they 
might  haue  libbertie  to  fence  in  the  oxe  pasture  laid  out 
neare  the  towne,  to  keepe  their  oxen  in,  and  some  ppounded 
that  that  pt  next  the  towne  might  be  lett  out  to  be  planted  for 
some  yeares.  The  court  considered  of  the  propossition  and 
ordered,  that  some  be  appointed  to  speake  w^h  the  planters  in 
the  towne,  to  see  if  their  may  be  such  an  exchange  made  be- 
twixt those  one  the  east  side  of  the  towne,  &  those  one  the 
west;  the  one  pt  relinquishing  their  right  in  the  Necke  & 
takeing  it  wholly e  in  the  Oxe  pasture,  the  other  leaveing  their 
right  in  the  Oxe  pasture,  and  takeing  it  wholly  in  the  Necke, 
and  then,  if  their  be  a  considerable  number  that  will  plant, 
they  maye,  as  they  shall  agree,  fence  in  some  for  tliat  purpose, 
provided  that  they  abridge  themselues  of  keepeing  ther.  Mr. 
Gibbard  &  Eichard  Milles  were  appoynted  for  that  side  of  the 
towne,  and  Mr.  Ling  &  Mr.  Ceffinch  for  the  other  side ;  that 
is  Mr.  Batons  qr.,  Mr.  Malbons,  Mr.  Newmans,  Mr.  Ceffinch 
&  the  subverbs  on  the  other  sid  the  east  creeke,  that  so  the 
matter  might  be  prepared  for  another  court. 
[215]  II  William  Andrewes  and  Thomas  Munson  were  de- 
sired to  veiw  the  pillars  of  y"  meeting-house,  that  any  decaye 
in  them  maye  bee  timely  discovered  and  p'" vented.  And  the 
like  was  allso  desired  of  William  Andrewes  for  fo  the  Necke 
bridge  and  the  West  bridge. 

It  was  propounded  to  the  court  wheither  they  would  have 
Geor^'C  Laremore  the  miliar  watch.  The  court  considered  of 
it,  and  seeing  it  falls  out  so  that  some  time  he  is  faine  to  sitt 
vp  at  mill  to  supply  the  towne  w^li  meale,  therfore  ordered 
that  he  should  be  freed  from  watching. 


1648]  NEW   HAVEN   COLONY  RECORDS.  389 

It  was  allso  propounded  to  the  court  wheitlier  they  would 
free  Robert  Bassett  the  drumer,  from  watching,  but  the  court 
ordered  that  he  be  not  freed,  but  that  hee  watch  as  other 
planters  doe. 

Captaine  Malbon  propounded  to  the  court  that  the  cullers 
bought  by  the  artillary  company,  w<=h  have  bine  allso  vsed  in 
the  towne  traynings  and  received  some  damage  therin,  might 
be  payde  for  out  of  the  towne  stocke  and  be  the  townes  cullers, 
and  lett  the  artillary  have  the  vse  of  them  in  their  traynings, 
seeing  the  townes  good  is  promoved  tlierby.  And  it  was 
ordered  that  they  be  so  payde  for  and  vsed. 

Veiwers  chosen  for  the  fences  for  the  yeare  ensuing  are  as 
foUoweth, 

Mr.  Gilbert  and  John  Walker  for  Mr.  Batons  &  Mr.  Malbons 
quarters. 

Mr.  Ling  and  Robert  Hill  for  Mr.  Newmans  &  Mr.  Ceffinches 
quarters. 

William  Fowler  &  Henry  Glouer  for  Mr.  Gibbards  quarter. 

Henry  Lendall,  Thomas  Mitchell  for  Mr.  Goodyeares 
quarter. 

Phillip  Leek,  Thomas  Lampson  for  Mr.  Lambertons  quarter. 

John  Moss,  Mathias  Hitchcocke  for  y^  subverbes. 

Thomas  Beament,  Henry  Pecke  for  the  playnes. 

Francis  Browne,  Mathew  Moulthrop  for  Oyster-shell-feild 
till  ye  corne  be  out. 

Thomas  Beament  was  chosen  sealler  of  leather  in  the  roome 
of  Robert  Preston  deceased,  and  tooke  oath  that  he  should 
deale  faithfully  to  scale  all  leather  according  to  the  order  w^h 
hath  bine  made,  according  to  the  best  of  his  light. 

William  Andrewes  desired  the  court  to  provide  some  other 
to  keepe  the  ordinary  for  he  was  not  able  to  carie  it  one,  w^h 
they  tooke  into  consideration. 

Thomas  Moris  propounded  to  the  court  that  himselfe  and 
others  imployed  aboute  vessells  as  carpenters  might  be  spared 
from  trayning,  because  some  time  many  mariners  w^h  are 
vnder  paye  attend  vpon  them,  wherby  the  pric  of  commodities 
is  raysed.  The  court  saw  no  waight  in  the  argument  &  ther- 
forc  granted  it  not.     But  what  workemen  are  imployed  as 


390  NEW   HAVEN   COLONY  RECORDS.  [1648 

carpenters  aboute  the  great  ship,  when  it  is  in  hand,  are 
spared  from  trayning  for  that  time  till  she  be  ready  to  goe 
forth. 

Jonathan  Marsh  desired  he  might  have  libbertie  to  sett  vp  a 
shop  to  worke  in  on  his  trade,  vnder  the  banke  side  next  the 
watter  before  his  house.  The  court  reffered  it  to  be  veiwed 
by  Leivtenant  Seely,  Jasper  Crane,  Thomas  Munson,  and 
Francis  Newman,  and  to  report  to  the  governor  how  they 
finde  it,  who  is  to  graunt  or  deney  as  he  shall  see  cause. 


A  Court  held  att  Newhaven  the  4"'  of  July,  1648. 

.  Samuell  Whithead,  John  Moss,  Rogger  Allen  and  Thomas 
Lampson  were  complaind  of  for  being  absent  at  the  generall 
court  when  the  names  were  read,  they  made  their  excuse  that 
their  cowes  were  lost  the  Saboth  day  before,  and  they  were 
faine  to  goe  looke  them,  haueing  no  other  to  doe  it,  and  Jn° 
Moss  further  saith  that  they  had  loaded  goods  aboard  the 
lighter  w^h  he  app^'hended  to  be  in  some  danger,  because  the 
winde  was  high  that  morning,  and  thought  it  his  duty  to  goe 
and  looke  after  them.  The  court  considering  that  the  case  of 
them  all  is  extreordinary,  &  could  not  be  p''vented  before, 
past  it  wt^hout  a  fine  for  this  time. 

John  Hall  was  complained  of  for  absenc  at  a  generall  court, 
he  sayd  he  had  no  warning,  &  went  out  in  the  morning  before 
the  drum  beate,  &  knew  of  no  court.  William  Holt  was  com- 
plained of  for  the  like  &  gave  the  same  answer,  for  he  was 
w^li  John  Hall.     For  both  the  court  past  it  wUiout  a  fine. 

"William  Bassett  was  complained  of  for  not  bringing  his 
armes  to  y^  meeting  on  the  Saboth  day  w'^h  was  his  squadron. 
He  answered  that  he  was  changed  from  one  squadron  to 
another,  and  knew  not  that  it  was  his  day,  and  when  he  saw 
it  was,  he  brought  them  in  the  afternoone ;  but  he  was  told  it 
was  his  neglect  who  should  knowe,but  the  court  findeing  it  was 
no  willfull  neglect,  agreed  that  he  paye  halfe  the  fine,  W^h  is 
2^:  6^. 

Thomas  Wheeler  was  complained  of  for  defect  in  his  armes. 


1648]  NEW   HAVEN    COLONY   RECORDS.  391 

want  of  gunsticke,  some  powder,  defective  scabbard,  w^'h  he 
coiifeseth,  though  for  his  po""  he  coiiceiveth  ther  was  inoughe. 
For  these  he  was  fined  18"^,  and  for  late  coming  to  trayning 
w^^h  he  acknowledgeth,  12^'.  He  was  complained  of  for 
absenc  at  a  squadron  trayning,  but  he  answered  he  was  put 
into  a  new  squadron  &  had  no  warning,  that  was  past  by.  He 
was  complained  of  for  comeing  late  w^i  his  amies  on  Lords 
day,  but  it  could  not  be  fully  proved,  wherfore  if  he  can  make 
it  appeare  he  cam  before  the  last  drum  left  beating,  as  he  con- 
ceives he  did,  the  court  will  consider  of  it  againe,but  for  pi'sent 
it  is  respited. 

[216]  II  John  Whithcad,  servant  to  Mr.  Crane,  was  com- 
plained of  for  want  of  a  pine  in  the  locke  of  his  pec.  His 
master  saitli  it  was  no  other  defect  then  hath  passed  ths  8 
yeares,  and  could  not  be  mended  w^hout  a  new  stocke,  and 
the  gunsmith  sayd  it  was  sufficient.  The  court  for  this  time 
past  it  w'hout  a  fine,  but  agreed  that  it  should  be  mended. 

James  Clarke  was  complained  of  for  coming  late  to  a  squad- 
ron trayning,  &  late  one  Saboth  day  w"^)!  his  amies.  Hee  an- 
swered the  true  reason  was  because  his  wife  was  sicke,  w^h  the 
court  accepted  and  past  it  w'hout  a  fine,  but  is  fined  12*^  for 
late  comeing  in  the  aftemoone  one  trayning  day  as  himselfe 
acknowledgeth. 

James  Clarke  was  further  complained  of  for  absenc  vpon  a 
trayning  day  when  they  showed  amies.  He  sayd  Variant 
Munson  tooke  him  away  and  he  thought  he  would  haue  bine 
at  court  to  have  cleared  him,  but  it  was  respited,  and  the  mar- 
shall  ordered  to  warn  Seriant  Munson  to  the  next  court. 

John  Hall  having  at  a  court  in  July  last,  1647,  demaunded 
out  of  the  estate  of  Mr.  Wilkes  10'  as  a  portion  promised  by 
Mr.  Wilkes  to  his  wife,  whoe  was  his  servant,  as  he  then  proved 
by  two  witnesses,  w^h  proceeding  were  now  reade,  and  fur- 
ther to  confeirme  the  thinge,  he  now  presenteth  Jonathan 
Marsh,  whoe  testifyeth  vpon  oath  that  Mr.  Wilkes  a  litle 
Ijefore  he  went  to  England  declared  to  him  that  he  had  prom- 
ised his  maide  Jeane  Woolen,  (now  Jean  Hall,)  a  portion, 
and  made  a  motion  of  marriage  to  him  concerning  her,  and 
if  he  accepted  it  he  would  paye  it  downe ;  but  he  cannot 


392  NEW  HAVEN  COLONY  RECORDS.         [1648 

remember  distinctly  wheither  he  sayd  it  was  five  pounds  or 
tenn  pounds.  The  court  considered  that  it  is  a  case  tliat  con- 
cerneth  the  estate  of  the  deade,  and  tliat  Goodwife  Hall  her- 
selfe  is  not  now  in  court  to  answer  to  any  question  might  be 
propounded,  and  being  desierous  that  the  indenture  wherin 
she  was  bound  to  Mr.  Wilkes  might  be  searched  for  and  showen 
in  court,  therfore  it  was  respited  till  the  next  court. 

Mr.  Gibbard  was  fined  for  defecte  in  the  cocke  of  his  mans 
gunn  6'^,  and  for  want  of  at  least  1'  of  buUits  2*. 

John  Wakefeild  was  complained  of  for  not  bringing  his 
amies  to  the  meeting  on  Lords  day  when  his  turne  was.  lie 
saith  it  was  one  day  when  liis  wife  was  sicke  &  hindred  him, 
or  elc  one  day  when  he  kept  cowes,  but  he  leaves  himselfe 
w*h  the  court. 

John  Thomas  was  too  late  w^h  his  armes  one  Lords  day,  the 
reason  he  saith,  was  because  he  had  a  child  sicke  and  was 
faine  to  goe  to  Mr.  Pell  for  something  for  it.  The  court  judg- 
ing it  a  worke  of  mercy  and  necessary  to  be  done,  past  it  by. 


A  Court  at  Newhaven  the  first  of  August,  1648. 

Mr.  Crane  and  Francis  Newman  informed  the  court,  that 
wheras  ther  have  bine  and  still  are  certaine  questions  and 
differences  betwixt  Mr.  Davenport  and  Henry  Byshop  his  late 
farmour,  w^h  Mr.  Davenport  would  have  issued  by  a  private 
arbitration,  and  for  that  end  hath  desired  them,  one  his  be- 
halfe  to  consider  the  perticulars  wUi  Goodman  Byshop  in  a 
friendly  way  &  to  propound  refferenc,  but  Henry  Byshop  hath 
euer  refused  it,  saying  he  would  issue  his  owne  matteres  him- 
selfe, w«h  cariage  of  his,  after  three  monethes  of  forbearance, 
constreyned  Mr.  Davenport  to  thinke  of  other  meanes ;  yett 
after  a  warrant  was  written,  Mr.  Davenport,  vnwilling  to  com- 
mence a  suit,  stayed  it,  and  vpon  his  request  the  Governor 
sent  for  Goodman  Bishop  and  indeavoured  to  pswade  him  to 
a  refferenc,  but  could  not  prevayle,  whervpon  the  warrant 
was  served  and  Goodman  Byshop  appearing,  the  court  would 
have  proceeded,  but  Goodman  Byshop  desired  respite,  because 


1648]  NEW  HAVEN  COLONY  EECOEDS.  393 

some  of  his  witnesses  living  out  of  towne  were  absent,  and 
himselfe  at  p^'sent  vnprepared  for  triall.  He  was  told  that  his 
witnesses  were  not  so  farr  out  of  towne  but  they  might  have 
bine  sent  for  &  ready  since  tlie  warrant  was  served.  Mr. 
Crane  and  Francis  Newman  one  Mr.  Davenports  behalfe, 
desired  that  since  Goodman  Byshop  is  no  setled  planter,  but 
maye  remove  at  pleasure,  he  maye  put  in  security  to  the  val- 
lew  of  601  iq  satisfye  and  paye  what  shall  be  found  due  from 
him  to  Mr.  Davenport,  wheither  by  sentence  of  court  or  arbi- 
tration, and  that  if  it  be  by  arbitration,  Goodman  Byshope 
cliuse  men  free  from  just  exception.  The  court  aproving  the 
motion,  propounded  it  to  Goodman  Byshop.  Goodman  By- 
shop  desired  yt  Mr.  Davenport  might  allso  putt  in  security  to 
him,  and  that  he  might  have  libbertie  to  excef)t  against  Mr. 
Davenports  arbitrators.  The  court  told  him  it  was  not  rea- 
sonable that  the  plantiff,  being  a  man  of  place  and  esteeme, 
and  haveing  a  good  vissible  estate  fixed  in  the  plantation, 
after  such  meanes  vsed  to  bringe  the  cause  to  an  issue,  should 
putt  in  security  to  y^  defendant  whoe  is  like  to  be  found  the 
debto""  ;  but  if  he  could  make  any  just  exceptions  against  Mr. 
Davenports  arbitrators,  it  should  be  considered.  Whervpon 
Goodman  Byshop  ingaged  all  the  corne  vpon  Mr.  Daven- 
ports farme,  wheither  in  y^  barne  or  abroade,  and  one  mare 
belonging  to  him  of  Mr.  Davenports  breede,  5  steeres  &  two 
heyfers  aboute  three  yeares  old,  and  5  cowes  ;  all  w^h,  both 
corne  and  catle,  hee  affirmed  to  be  free  and  vningaged  at 
p''sent,  and  did  now  in  court  ingage  them  to  Mr.  Davenport, 
]jy  way  of  security  to  satisfye  and  paye  whatever  shall  be 
found  due  vnto  him  by  arbitrators  indifferently  chosen  betwixt 
them,  betwixte  this  and  the  next  court,  or  by  arbitrators 
chosen  for  them  by  the  court,  or  by  sentenc,  or  any  other 
waye  the  court  shall  order  and  appointe. 

Bobert  Bassett  a  planter  in  Newhaven,  ^  Badger 

boatswaine,  Charles  Higenson  marriner  in  y^  ship  Susan, 
whoe  had  bine  comitted  to  prison  for  a  late  disorder,  released 
vpon  baile  and  bound  to  answer  at  this  court,  appeared  w^h 
Thomas  Toby  and  foure  others  whoe  came  lately  from  Boston 
to  worke  vpon  the  ship  hear  built.  The  court  was  informed 
50 


J 


394  NEW  HAVEN  COLONY  EECORDS.         [1648 

that  vpon  the  sixt  day  last  "weeke,  after  sunn  sett,  their  was  a 
disorderly  meetting  and  drinking  at  the  house  of  Robert  Bas- 
set, w°h  continewed,  as  was  conceived,  till  betwixt  tenn  and 
eleven  of  the  clocke,  wherin  ther  was  severall  miscariages,  to 
the  great  provocation  of  God,  the  disturbance  of  y^  peace, 
and  to  such  a  height  of  disorder  that  strangers  wondered  at 
it,  and  E,ol)ert  Basset  himselfe  confesed  he  had  not  scene  the 
like  since  he  came.  The  manner  and  pticulars  were  as  fol- 
io weth, 

[217]  II  Some  of  the  Susans  company,  after  their  dayes 
worke  was  finished,  comeing  on  shore  mett  w^h  the  master 
and  owner  of  a  pinnace  lately  come  in  from  Boston,  and  foure 
of  the  workemen  for  the  ship  l^uilte  heare,  and  John  Griffen. 
They  went  into  Robert  Bassets  and  called  for  sacke.  He 
told  them  he  might  not  draw  less  then  three  quarts,  w<=h  was 
a  most  pverse  interpretation  and  abuse  of  an  order,  as  if  the 
court  would  further  drunkennes,  forceing  men  to  drinke  more 
then  they  desired,  wlieras  he  should  have  drawne  none  at  all 
in  that  waye ;  the  order  being  expressly  made  and  penned  to 
suppress  such  disorderly  meetings  and  drinkings.  No  man 
wt^hout  speciall  licence  being  pmitted  to  sell  wine  or  stronge 
liquours  by  retayle  in  small  quantities,  much  less  to  vse  his 
house  or  cellar  as  a  taverne  for  company  to  come  in  and  spend 
their  money  in  drinking  wine  or  stronge  liquours  ;  onely  if  a 
merchant  will  drawe  out  a  pipe  or  pec,  he  might  sell  either  to 
neighbour  plantations  or  to  the  inhabitants  of  Newhaven  a 
runlet,  case  of  glases,  or  by  the  gallon  for  his  private  vse, 
but  this  company,  being  in  number  tenn,  (besids  Robert  Bas- 
set himselfe,)  Robert  Basset  drew  them  three  quarts,  and 
after  in  severall  pcells,  three  quarts  more  at  that  sitting,  by 
w'^h  means  some  of  the  company,  (as  appeareth,)  dranke 
to  excess  and  distemper,  and  brake  into  quarrelling  and  other 
sinfull  miscariages.  The  owner  of  the  pinnace,  in  their  cupps, 
calling  the  boatswaine  of  the  Susan,  Brother  Loggerhead,  the 
boatswaine  returns  threatening  language,  thenc  they  grew  to 
sideing,  pt  takeing  and  chalenging,  then  the  master  of  the 
pinnace  and  the  boatswaine  goeing  out  of  y^  house,  fall  first 
to  wrestling,  then  to  blowes,  and  theirin  grew  to  that  feircnes 


1648]  NEW   HAVEN   COLONY  RECORDS.  395 

that  the  master  of  the  pinnace  thought  the  boatswaine  would 
have  pulled  out  his  eies,  and  the  markes  of  the  blowes  ap- 
peared some  dayes  after  vpon  his  face ;  and  in  this  rage  and 
distempr  they  toumbled  on  the  ground,  downe  the  hill  into  the 
creeke  and  mire,  shamfully  wallowing  therin ;  and  had  they 
not  bine  pted,  they  might  have  proceeded  to  further  mischeife, 
for  Charles  Higenson,  distempered  as  it  seemes  w'h  drinke,  in 
a  way  of  sideing  w^h  the  boatswaine,  grew  quarrelsome,  whcr- 
wUi  the  owner  of  the  pinnace,  being  affrighted,  rann  aboute 
j^  streete  crying.  Hoe,  the  watch,  Hoe,  the  watch,  and  the 
watch  being  then  in  that  pt  of  yf'  towne  walking  the  rounds, 
made  hast  and  for  y^  pi" sent  stopped  the  course  of  y<^  disorder, 
but  in  this  rage  and  distemper  the  boatswaine  fell  a  swearing, 
wounds  &  hart,  as  if  he  were  not  onely  angry  w^h  men,  but 
would  provoake  the  highe  &  blessed  God.  After  they  were 
thus  pted,  the  master  of  the  pinnace  went  to  y^  watter  side, 
but  the  season  not  serving  to  goe  on  board,  he  returned  to 
Robert  Bassets  house,  and  their  the  boatswaine  fell  vpon  him 
againe  and  theirby  frighted  Robert  Bassets  wife  &  child. 
Robert  Basset  moved  therw^h,  thrust  the  owner  of  the  pinnace 
out  of  dores  &  told  him  (as  liimselfe  confesseth,)  that  if  he 
had  him  in  place  where  he  would  beate  out  his  teeth,  or  as 
Thomas  Toby,  (Robert  Bassets  witnes,)  relates  it,  he  would 
make  him  sucke  as  longe  as  he  lived ;  which  words  argue  dis- 
temper, and  are  vsed  by  drunken  companions,  so  that  the  dis- 
order was  verey  great  and  verey  offensive,  both  to  y^  neigh- 
bours, the  noyse  &  oathes  being  heard  to  the  other  side  of  the 
creeke,  and  to  others  who  coming  theither  observed  onely 
some  pt  of  their  miscariage.  And  though  it  be  not  fully 
proved  that  Thomas  Toby  was  distempered  wUi  drinke,  &  him- 
selfe  denyes  it,  yett  he  had  a  share  in  the  disorderly  drinking, 
and  furthered  it  by  drawing,  (as  himselfe  acknowledgeth,) 
one  quart  of  the  wine  when  they  had  had  two  much  before, 
W^h  was  the  worse  in  him,  haveing  bine  one  before  fined  in 
this  court  for  miscariage  in  drinking,  W^h  in  himselfe  and  oth- 
ers should  have  made  him  more  watchful!  against  such  disor- 
der. 
This  sinfuU  miscariage  being  thus  opened,  and  the  pticu- 


396  NEW   HAVEN   COLONY  RECORDS.  [1648 

lars  in  substanc  acknowledged  by  the  pties  therin  concerned, 
the  court  proceeded  to  sentenc,  and  first  finding  Robert  Bas- 
set giiiltie  of  the  breach  of  a  knowne  express  order  of  y^  gen- 
erall  court,  in  such  selling  wine  and  suffering  company  to  com 
in,  spend  their  money  and  sitt  drinking  at  such  vnseasonable 
howers,  all  agravated  both  by  the  warning  himselfe  had  in 
John  Lawrenson  &  his  wifes  case,  whoe  were  fined  for  a  less 
miscariage  in  strong  liquours  comitted  in  his  house,  and  by 
the  sinfull  efects  W^h  followed  vpon  this  disorderly  drinking, 
as  quarreling  and  fighting  wUi  disturbanc  of  the  peace  as 
before  expressed,  swearing  in  such  a  fearfull  manner  as  might 
justly  have  brought  downe  the  wrath  of  God  vpon  the  swearer 
&  that  whole  company,  frighting  his  owne  wife  and  child,  and 
his  owne  quarreling  &  threatening,  w'h  the  spirit  and  in  y*' 
phrase  of  a  man  distempered  w^h  rage  or  drinke,  the  court 
ordered  him  to  paye  five  pounds  as  a  fine  to  the  towne.  And 
that  ^  Badyard,  the  boatswaine  of  the  Susan,  for  his 
distemper  in  drinking,  his  quarreling,  fighting,  and  swearing, 
thoughe  Mr.  Evanc  and  Robert  Martin  testifyed  for  him  that 
his  course  and  cariage  hath  bine  faire  &  free  from  swearing  to 
their  best  observance  sine  his  first  coming  heither  till  this 
pi'sent  miscariage,  w^h  did  mittigate  the  censure,  yett  the 
court  ordred  that  he  paye  to  the  towne  forty  shillings  as  a 
fine,  and  that  Charles  Higenson  paye  10%  and  Thomas  Toby 
5^  And  for  y^  foure  strangers  wh  came  to  worke  vpon  the 
ship  hear  built,  their  being  neither  proofs  nor  charge  against 
them  for  excess  in  drinking,  quarreling,  or  any  other  miscar- 
iage, save  their  beeing  in  company  in  this  disorderly  meetting, 
tlie  court  onely  advised  them  to  take  it  as  a  warning  against 
all  future  disorder. 

Adam  NickhoUs  was  complained  of  for  not  comeing  to 
watch,  he  answered  that  he  had  lett  his  watch  for  y  whole 
yeare,  and  he  that  he  hired  fayled  him.  He  was  told  that  he 
must  answer  for  his  man  &  require  remedy  of  him  againe,  for 
w'^h  neglect  he  is  fined  5^  He  was  complained  of  for  come- 
ing late  w^h  his  armes  one  Lords  day,  he  sayd  that  his  wife  & 
child  was  sicke ;  he  was  told  that  if  could  say  that  was  y-' 


1648]  NEW   HAVEN   COLONY   RECORDS.  397 

reason  at  this  time,  ther  might  be  something  in  it,  but  he 
could  not  afirme  that,  whervpon  it  was  reffered  to  another 
court. 

Henry  Pecke  &  Joseph  Pecke  were  complained  of  for 
comeing  two  late  w^h  their  armes  on  Lords  day  in  y^  morning ; 
they  answered  that  ye  night  before  they  watched  &  had  no 
rest,  &  when  they  came  home  they  went  to  take  a  litle  rest, 
that  so  they  might  be  y^  fitter  for  y^  ordinances  &  not  sleepe, 
vpon  w'^h  consideration,  for  this  time,  y^  court  past  it  by. 

]V[ris  Plume  and  Samuell  Plume  p''sented  in  court  an  inven- 
tory of  the  estate  of  Mr.  John  Plume  of  Totoket,  deceased, 
but  because  it  was  not  vnder  oath  of  y^  appraisers  according 
to  ye  generall  courts  order,  the  court  accepted  it  not,  but  onely 
kept  ye  copie,  inioyning  them  to  bring  in  one  according  to 
order  ye  next  court,  or  elc  to  show  just  cause  why  not. 
[218]  II  John  Hall  having  formerly  pleaded  for  a  portion  for 
his  wife  of  10'  oiit  of  the  estate  of  Mr.  Wilkes,  due  to  her  by 
promise,  as  did  appeare  by  the  testimony  of  William  Paine 
and  Bridget  Wilkes  vpon  oath,  and  at  the  last  court  renewed 
his  plea,  and  produced  another  witnes,  viz^,  Jonathan  Marsh, 
whoe  was  allso  heard  and  examined  vpon  oath,  but  the  cause 
for  some  reasons  then  sliowen,  was  not  issued,  therfore  he  did 
now  renew  his  desire  that  the  court  would  be  pleased  to  put 
an  issue  to  it,  and  Goodey  Hall  being  present  was  asked  why 
her  master  Wilkes  promised  her  10'  if  she  served  out  her 
time.  She  sayd  because  he  knew  she  deserved  it.  The  in- 
denture wherin  Goodwife  Hall  was  bound  to  Mr.  Wilkes  was 
called  for  and  allso  read  in  court,  wherin  it  appeared  that  she 
was  to  serve  him  for  5  yeares  and  to  have  3'  a  yeare,  w^h  the 
court  judged  competent  wages,  her  passage  being  allso  payde 
for  by  Mr.  Wilkes,  so  that  the  act  was  alltogether  free  one 
Mr.  Wilkes  his  pt.  But  he  haveing  promised  and  ingadged 
himselfe  to  doe  it,  as  appeares  fully  by  testimony  of  ye  wit- 
nesses vpon  oath,  therfore  it  liecomes  a  due  debte  to  her.  Tlier- 
fore  the  sentenc  of  the  court  is  that  Mr.  Robert  Newman, 
executo""  of  ye  estate  of  Mr.  Wilkes,  paye  to  John  Hall  as  a 
debte  due  from  Mr.  Wilkes  to  his  wife,  10'. 

James  Hay  ward  haveing  at  a  court,  December  ye  7^1'  1647, 


898  NEW  HAVEN  COLONY  RECORDS.         [1648 

entred  an  action  of  defamation  against  William  Wooden,  w^h 
was  opened  and  witnesses  heard  and  examined,  but  then  was 
respited  by  ye  court,  whoe  waitted  for  some  further  light  out 
of  y^  Baye  concerning  this  thing,  w^h  now  being  come,  James 
Hayward  desired  that  their  might  be  an  issue  put  to  it,  wher- 
vpon  the  proceedings  of  that  former  court  was  read  and  a  fur- 
ther testimony  of  Beniamin  Hill  vpon  oath,  taken  before  Mr. 
Malbon  the  25'^ii  of  Maye  1648,  wherin  Beniamin  Hill  testify- 
eth  that  he  heard  William  Wooden  saye,  James  Hayward  was 
hoUowe  harted,  and  if  ye  church  knew  that  he  heard,  he 
would  not  be  received  againe,  and  that  he  would  be  banished 
if  all  was  true  he  heard  (or  they  knewe  as  much  as  he,)  and 
that  he  dealt  basely  w^h  him  at  Captaine  Turners,  haveing  put 
a  pece  of  leather  of  Captaine  Turners  into  his  knap-sacke  in 
way  of  spite,  James  and  William  being  fallen  oute,  and 
that  James  charged  William  Wooden  that  he  had  stole  y^ 
leather,  therfore  he  conceives  he  put  it  in,  because  he  was  so 
readie  to  charge  him  w^h  it.  Likewise  the  testimonyes  w^h 
came  from  the  Baye  were  read,  wherin  it  appeared  that  the 
things  charged  by  William  Wooden  and  witnessed  by  John 
Mascall  were  true  in  y^  substanc,  thovTghe  William  Wooden 
had  spread  them  in  a  defameing  slanderous  waye,  and  taken 
vpon  him  to  saye  that  he  would  be  banished,  which  was  none 
of  his  worke  nor  place  to  doe.  Likewise  James  Hayward  his 
owne  letter  now  produced,  showes  that  he  hath  brought 
an  ill  report  vpon  y^  place,  reporting  things  of  it  that  were  not 
true.  And  by  Goodman  Pery  and  his  wives  testimoney  vpon 
oath  appeares  that  he  dealt  not  truely  in  his  promises,  but  was 
false  harted  towards  their  daughter,  and  that  he  was  given  to 
disorderly  drinking  in  y^  Baye.  And  by  Mr.  Noris  his  wright- 
ing  it  appeares  that  he  had  not  caried  things  fairely  w^h  him. 
And  Goodman  Pery  and  his  wives  testimoney  speakes  to  that 
purpose  allso.  James  was  now  asked  what  he  had  further  to 
saye,  and  why  he  denyed  that  to  y"  court  wh  he  had  written 
in  his  letter.  He  sayd  he  knew  not  when  he  answered  in 
court  that  he  had  so  written,  w^h  the  court  knewe  not  how  to 
beleive.  James  confessed  ther  was  more  discovered  by  the 
providenc  of  God  then  he  did  expecte,  Wh  yett  did  not  excuse 


1648]  NEW   HAVEN   COLONY  RECORDS.  399 

William  Wooden  in  his  slanderous  course,  w^h  the  court 
admitted,  and  as  formerly,  so  now  witnessed  against  him  for 
it.  And  William  Wooden  himselfe  did  acknowledge  that  the 
manner  of  his  reporting  was  scandalous,  and  that  he  was  out 
of  his  way  when  he  sayd  he  would  be  banished,  but  he  left 
himselfe  w^li  the  court. 

Both  ptyes  haveing  spoken  what  they  would  in  the  case,  the 
court  proceeded  to  sentence,  and  ordered  that  William 
Wooden,  for  his  miscariage  in  spreding  the  things  in  a  slan- 
derous way  and  determining  banishment,  w^h  was  none  of  his 
worke,  paye  the  charges  of  y"^  court ;  and  that  James  Hay- 
ward,  for  his  owne  sinn,  beare  his  owne  shame  and  charge  he 
hath  bine  at  in  sending  and  goeing  into  the  Baye,  w^h  falls 
justly  vpon  him. 

William  Pecke,  one  of  those  intrusted  to  ouersee  the  estate 
of  Robert  Preston  deceased,  desired  to  knowe  if  they  might 
not  paye  some  debtes  that  are  due  out  of  the  estate.  The 
court  told  him,  so  they  paye  nothing  but  what  is  justly  due, 
and  what  Robert  Prestons  estate  maye  beare,  they  maye. 


A  Court  held  at  Newhaven  the  5^^  of  September  1648. 

John  Vincon  was  complained  of  for  want  of  aboute  three 
quartrs  of  a  pound  of  bullitts,  he  sd  he  knew  it  not,  and  see- 
ing he  is  now  provided  the  court  past  it  by  w^h  6'^  fine. 

Mr.  Ceffinch  was  complained  of  for  comeing  late  one  Lords 
day  w^i  his  armes,  &  Jn°  Downe  his  man  allso.  For  his  man 
he  saith  he  was  necessarily  hindred  from  y^  meetting.  For 
himself,  he  came  in  before  Mr.  Davenport,  and  others  was  late 
allso,  and  instanced  in  Thom :  Meekes,  but  for  himselfe  he 
was  fined  12'i. 

John  Downe,  Mr.  Ceffinch  his  man,  for  absenc  at  a  squad- 
ron trayning  was  fined  2^  6''. 

John  Herreman  was  complained  of  for  not  bringing  his 
armes  one  Lords  day.  He  said  it  was  because  he  hath  two 
chilldren,  and  either  his  wife  or  he  must  staye  from  y^  ordi- 
nances at  home  wUi  them,  or  elc  he  must  bringe  one  of  them 


400  NEW   HAVEN   COLONY  RECORDS.  [1648 

and  then  cannot  bring  his  armes,  but  y^  court  judged  that 
this  was  but  a  common  excuse  that  many  might  make,  and  if 
it  should  be  attended  the  service  would  be  neglected,  therfore 
agreed  the  he  paye  y*^  fine,  W^h  is  5^. 

Martin  Tichener  was  complained  of  for  comeing  late  w^h 
his  armes  one  Lords  day,  &  allso  for  want  of  suitable  buUits 
for  his  pec  one  viewing  day ;  but  because  y^  sariants  note  is 
somewhat  imperfect  w^h  complaineth  of  these  defects,  it  was 
respited  till  next  court. 

Henry  Gibbons  was  fined  for  late  comeing  one  generall 
trayning  day  (as  himself  confesseth,)  12'i.  And  for  late 
comeing  one  squadron  trayning  6^.  And  for  not  bringing  his 
armes  to  be  viewed  one  morning  to  the  sariants  house  as  he 
had  warning  to  doe,  12^.     In  all  2%  6'^. 

Henry  Byshopp  for  want  of  some  bullits  &  not  being  yett 
provided,  was  fined  12«J. 

Peeter  Browne  for  y^  like  was  fined  12^^. 
[219]     II  The  court  was  informed  that  Adam  Nickholls  came 
late  w^i  his  armes  one  Lords  day,  but  because  it  depended 
somewhat  vpon  the  corporalls  witnes  and  he  is  not  in  court,  it 
was  respited  till  the  next  court. 

Thomas  Meekes  was  complained  of  for  comeing  late  w^h  his 
armes  one  Lords  day,  he  saith  hee  thinkes  he  was  their  before 
exercise  begane,  but  leaves  himselfe  w'h  the  court,  was  find 
1 2^ .  He  was  complained  of  for  absenc  at  the  generall  trayn- 
ing yesterday,  he  said  he  was  not  well,  but  it  was  said  in  court 
that  he  was  at  worke,  w°h  others  tooke  notice  of  and  was 
offended  at  it,  for  w'^li  he  was  fined  5^ 

Job  Hall  for  want  of  some  match  &  a  worme  was  fined  12^^ . 

Jeremiah  Watts  for  want  of  some  po^"  &  bullits  was  fined  2^. 

Thomas  Lampson  being  warned  to  this  court  for  some  defect 
in  his  armes,  appeared  not,  w<=h  hath  a  show  of  contempt,  & 
therfore  is  to  answer  it  at  next  court. 

The  marshall  informed  the  court  that  he  had  demanded 
the  fine  of  Robert  Basset  w^li  was  laid  vpon  him  for  his  disor- 
der, he  refussed  to  paye  &  said  he  would  have  the  matter 
scanned  ouer  againe  in  y^  court.     The  court  ordered  that  he 


1648]  NEW   HAVEN   COLONY  RECORDS.  401 

paye  his  fine  betwixt  this  and  ye  next  court,  or  elc  make  his 
appearanc  then  &  their  to  show  the  reason  why  he  payes  it  not. 

jVjris  Plume  of  Totokctt  and  her  sonn  Samuell  Plume 
brought  into  y^  court  an  inventorie  of  the  estate  of  Mr.  John 
Plume  deceased,  amounting  to  366' :  09^:  01'',  prised  by  Rob- 
ert Rose,  Robert  Abut  &  Lawranc  Ward  vpon  oath  the  4^''  of 
Septembr,  1648. 

Samuell  Plume  pleaded  for  a  portion  out  of  the  estate,  but 
because  the  witnesses  were  not  readie,  it  was  respited,  onely 
Mi'is  Plume  said  it  was  her  husbands  will  that  he  should  have 
100'  &  a  note  from  Mr.  Swaine  signifyed  as  much. 

Henry  Bishop  informed  the  court  that  he  had,  according  to 
the  courts  order  y^  last  court,  indeavored  to  gitt  arbitrato''s  to 
issue  the  matter  in  diiferenc  betwixt  him  &  Mr.  Davenport, 
butt  could  gitt  none.  He  was  asked  whoe  he  spake  w^h  to 
doe  it,  he  named  Mr.  Wakeman,  Mr.  Tuttill  &  Richard  Milles. 
The  court  thought  they  were  fitt  men  &  sent  for  Mr.  Walk- 
man to  desire  him  to  take  this  vpon  him,  but  he  was  not  at 
home.  Richard  Milles  being  in  court  declared  himselfe 
vnwilling,  but  the  court  agreed  that  they  must  cliuse  some  to 
doe  it,  and  appointed  Mr.  Wakeman  &  Richard  Milles,  two 
W^h  Henry  Bishop  chose  himselfe,  and  Mr.  Crane  &  Francis 
Newman  chosen  by  Mr.  Davenport.  But  Henry  Bishop  ex- 
cepted against  Mr.  Crane  to  be  an  arljitrator  in  this  buisenes ; 
he  was  asked  the  reason  why ;  he  said  he  told  Mr.  Davenport 
that  he  should  except  against  one  of  his  men  that  he  had 
chosen,  whervpon  the  marshall  was  sent  to  Mr.  Davenport  to 
acquaint  him  w4i  it,  whoe  brought  word  againe  that  he  won- 
dered Henry  Bishop  should  make  exception  against  Mr.  Crane, 
seeing  he  hath  bine  in  all  the  buisnes  from  the  begining  and  not 
excepted  against,  but  Henry  Bishop  was  still  called  vpon  to  show 
the  cause  of  his  exception,  whoe  answered  if  he  must  needs 
show  it  he  would,  provided  that  what  he  speakes  might  not  be 
taken  ill,  for  he  was  loath  to  speake  it  in  open  court ;  he  was 
told  if  it  was  such  a  private  thing  as  might  not  be  spoken  of, 
he  might  conceale  it  and  onely  declare  it  to  Mr.  Davenport, 
whervpon  the  marshall  &  Henry  Bishop  were  sent  to  Mr. 
Davenport  to  declare  his  reason,  whervpon  Mr.  Davenport 
51 


402  NEW  HAVEN  COLONY  RECORDS.  [1648 

came  to  the  court  and  informed  the  court  that  the  objection 
Henry  Bishop  makes  hath  not  the  fore  of  a  just  exception  in 
it,  for  it  doth  not  show  any  thing  of  vnfaithfulhies  or  partialli- 
tie,  for  the  thing  was  this.  Mr.  Crane  gave  his  apprehension 
in  a  case  in  question  vpon  the  farme,  what  he  thought  the 
doeing  such  a  thing  was  wortli,  and  now  Henry  Bishop  saith 
he  can  have  it  done  by  a  workeman  for  a  great  deale  less,  and 
yett  he  spake  but  his  judgment  and  if  an  arbitrator  may  not 
doe  soe,  to  what  end  is  their  any?  2^h,  Mr.  Crane  and 
Francis  Newman  have  stood  arbitrators  for  him  above  a 
quarter  of  a  yeare,  and  he  accepted  them  but  then  would 
not  joyne  others  w^h  them,  and  for  that  he  said  he  told  Mr. 
Davenport  he  would  excepte  against  one  of  his  men,  it 
was  not  a  possetive  exception,  but  vpon  occaision  of  Mr. 
Davenports  words  to  him  that  he  y^  sd  Henry  Bishop  must 
chuse  men  w'hout  exception,  he  answered  by  way  of  retort 
srfying  it  may  be  he  should  except  against  one  of  his  men,  and 
in  ye  issue' it  appeared  that  y^  exception  was  in  prising  the 
stubbing  of  the  ground,  in  w'^h  Francis  Newman  had  a  hand 
as  well  and  equall  w^h  Mr.  Crane,  and  therfore  the  exception 
must  lye  against  them  both  alike,  nor  doth  it  yett  appeare  that 
the  thing  will  be  done  as  it  ought  to  be  to  fuUfill  y^  covenant 
for  so  litle  as  Henry  Bishop  thinkes  it  will.  It  was  propound- 
ed to  the  court  wheither  they  judge  the  exception  just  w<^h 
Henry  Bishop  makes,  but  the  court  declared  themselues  that 
it  is  not  just,  &  therfore  Mr.  Crane  must  stand  an  arbitrator 
for  Mr.  Davenport.  And  the  court  ordered  that  these  foure 
men,  viz*^,  Mr.  Wakeman,  Mr.  Crane,  Richard  Milles  &  Fran- 
cis Newman  doe  take  the  case  into  their  hands  and  consider 
of  it,  and,  if  they  can  to  the  satisfaction  of  Mr.  Davenport  and 
Henry  Bishop,  issue  it,  if  not  then  to  informe  themselues  so 
fully  that  they  maye  be  able  to  informe  j^  court  how  it  stands, 
that  they  maye  have  what  light  they  can  further  to  proceede. 
Mr.  Pell  was  warned  to  this  court  and  appeared ;  he  was 
told  it  was  for  two  reasons,  first  to  take  the  oath  of  fidellitie, 
2'iiy,  to  paye  in  y^  fine  of  lO^  laid  vpon  him  ye  last  court  of 
magistrats.  He  said  for  y^  oath,  he  had  taken  it  in  England 
and  should  not  doe  it  heare ;  he  was  told  no  more  is  required 


1648]  NEW  HAVEN   COLONY  RECORDS.  403 

of  him  tlien  others  doe,  yett  if  he  had  any  grounds  against  it 
he  might  propound  them,  or  elc  if  he  would  considr  of  it  he 
might.  He  said  he  desired  to  considr  of  it.  For  his  fine  of 
IQi  he  was  asked  if  he  had  taken  any  order  to  paye  it,  he  said 
no.  Mr.  Goodyear  said  he  hoped  he  would.  Mr.  Pell  said 
he  knew  not.  He  was  asked  y^  reason,  he  said  he  should  be 
silent  for  he  had  given  offenc  heartofore  w'h  speaking,  but  y^ 
court  desired  an  answer,  wheither  he  would  paye  or  no,  but 
his  answer  was  that  he  desired  to  be  silent. 
[220]  II  William  Judson  informed  the  court  that  aboute 
this  time  twelue  moneth  he  hired  John  Knight  to  be  his  ser- 
vant whoe  was  then  w^h  Francis  Hall,  haveing  three  weekes 
to  serve  as  he  the  sd  Knight  said ;  and  he  gave  him  earnest 
that  he  should  come  to  him  aboute  14  dayes  after  Michelltide, 
and  he  expected  him  accordingly  but  he  came  not.  He  asked 
Francis  Hall  why  he  came  not,  he  said  because  he  owed  him 
money.  William  Judson  told  Francis  Hall  that  he  would 
paye  his  debte,  yett  Hall  would  not  lett  him  come,  wherfore 
he  desires  the  justice  of  the  court. 

John  Knight  saith  that  he  agreed  w^h  William  Judson  & 
tooke  earnest  to  serve  him  so  soonc  as  he  was  free  from  Fran- 
cis Hall. 

Mr.  Ling  saith  that  he  heard  Jn"  Knight  saye  that  if  Good- 
man Judson  would  paye  the  money  hee  owed  Francis  Hall,  he 
was  free  from  him. 

Francis  saith  that  he  could  prove  that  John  Knight  was  to 
doe  him  servic  for  the  money  he  owed  him,  but  his  witnes  was 
not  heare. 

William  Judson  saith  that  Knight  told  him  that  he  owed 
Francis  Hall  something,  but  not  service.  Francis  Hall  was 
asked  how  much  Knight  owed  him  now,  he  said  he  could  not 
tell  justly,  but  he  thought  five  or  six  pounds.  The  case  stand- 
ing as  it  doth,  the  court  advised  them  to  agree  it  themselues, 
and  in  conclusion  they  both  agreed  that  Francis  Hall  shall 
keepe  Knight  a  moneth  longer,  &  that  then  he  come  to  Good- 
man Judson,  and  that  William  Judson  paye  to  Francis  Hall 
for  Jn°  Knight  what  shall  appeare  to  be  justly  due  to  him,  in 


404  NEW  HAVEN  COLONY  RECORDS.  [1648 

a  convenient  time  according  as  the  same  shall  appeare  to  be, 
&  that  the  charge  of  this  p^'sent  court  be  borne  betwixt  them. 
The  court  declared  themselues  that  whoesoeuer  hath  Jn^ 
Knight  must  put  in  securitie  that  he  shall  be  forthcomeing 
when  the  court  calls  for  him,  &  Francis  Hall  promised  he 
should  be  ready  at  y^  courts  call,  elc  he  would  answer  for  him 
&  be  lyable  to  what  sentenc  the  court  should  inflict  vpon  him 
if  he  fayled  hearof. 


A  Generall  Court  the  9*^  op  October,  1648. 

Jervic  Boykin  was  admitted  a  member  of  this  court  and  rec 
ye  freemans  charge. 

The  Governor  propounded  to  y^  court  to  know  what  corse 
they  would  take  to  prevent  the  damadge  that  is  done  in  corne 
&  meddowes,  for  he  heares  great  complaints  ;  their  are  orders 
in  force,  but  wheifher  it  was  not  necessarie  to  make  some 
stricter  order  aboute  swine  and  fences,  or  that  some  other 
course  might  be  taken  that  these  damadges  might  be  prevent- 
ed, and  wheither  they  will  debate  the  matter  now  or  chuse  a 
committee  to  prepare  the  matter  against  another  court ;  but 
every  one  might  now  propound  what  way  he  thinkes  of,  that 
if  they  chuse  a  comittee  they  maye  consider  it.  The  court 
agreed  &  voted  to  chuse  a  committe  to  consider  and  prepare 
the  matter  aginst  another  court.  The  committe  chosen  are, 
the  court,  Mr.  Tuttill,  Mr.  Gilbert,  Mr.  Robrt  Newman,  John 
Copr,  Jeremiah  Whitnell,  Henry  Lendall,  Mr.  Wakeman,  Jn^ 
Gibbs,  Thomas  Powell,  Robert  Johnson,  Leivtenant  Seely, 
Mathew  Camfeild,  Sam :  Whithead,  Jervic  Boykin,  Jno  Tomp- 
son,  "William  Davis,  Jn°  Vincon,  Mr.  Gilbert,  David  Atwatter 
for  y«  farmes.  The  towne  was  desired  to  informe  those  whom 
they  have  chosen  that  all  things  maye  be  fully  considered  & 
debated  when  the  committee  meets. 

The  court  chose  the  Magistrats  and  deputies  as  a  committe 
to  dispose  of  Oyster  shell  feild  for  common  &  publique  advan- 
tage. Leivtenant  Seely  propounded  for  5  or  6  ac's  for  a  place 
to  shott  at  a  marke  vpon,  wh  is  allso  refered  to  y^  same 
committe. 


1648]  NEW  HAVEN  COLONY  RECORDS.  405 

William  Andrewes  wlioe  kecpes  the  ordinary,  propounded 
to  y^  court  that  he  might  have  some  helpe  afforded  him  for 
the  better  carying  of  it  one.  He  was  wished  to  acquainte  y*= 
court  w4i  what  he  desired  ;  he  said,  first  a  convenient  house 
neare  the  watter  side.  2'i'y,  100^  of  provission  laid  in  and 
he  would  returne  it  againe  to  y^  townc  so  soone  as  it  pleased 
God  to  inablc  him,  w^h  was  taken  into  consideration  to  be 
prepared  against  another  court. 

The  Governor  acquainted  the  court  that  the  commissioners 
have  ordered  to  commend  it  to  y^  severall  generall  courts, 
that  wampome  should  not  be  forced  vpon  any  man  for  pay- 
ment w^h  is  not  jii  some  measure  suitably  stringed,  &  if  any 
stone  wampom  be  p''sented,  it  be  broken. 


A  Generall  Court  the  IS^h  of  October,  1648. 

Ephrahim  Penington  and  John  Walker  were  admitted 
members  of  this  court  and  received  the  freemans  charge. 

Edward  Parker  &  Jn"  Walker  had  libbertie  to  depart  y" 
court. 

The  Gouerner  acquainted  the  court  that  the  committee  they 
appointed  the  last  court  to  consider  aboute  swine  &  fences 
have  mett  &  considered  of  them,  w^h  the  issue  of  w*^h  consid- 
eration the  court  was  acquainted,  and  after  much  debate  it 
was  ppounded  that  to  prevent  damadge  by  swine  &  fences,  a 
publique  pounder  would  be  the  best  way,  whoe  should  be 
vnder  oath  to  looke  to  all  y^  corne  feilds  in  y^  towne,  to  pound 
lioggs  &  catle,  &  view  y^  fences,  &  warne  men  of  their  defec- 
tive fences  one  a  weeke,  &  the  man  most  fitt  for  this  trust  and 
imployment  the  court  conceived  was  Jn"  Coppr ;  but  y^ 
things  being  divers  and  weightie,  and  lecture  time  drawing- 
one  &  j^  court  of  magistrats  sitting  in  y^  afternoone,  it  is 
reffered  to  another  court. 


406  NEW  HAVEN  COLONY  RECORDS.  [1648 

[221]      A  Generall  Court  the  30*^  of  October,  1648. 

John  Cooppr  was  desired  to  acquainte  the  court  wheither 
he  be  willing  to  be  a  generall  pounder  for  the  towne.  He  an- 
swered yea,  so  that  the  towne  would  sett  him  in  a  way  what 
to  doe  &  how  he  might  be  payde.  He  was  desired  to  acquainte 
the  court  what  he  desired,  he  sd  iff  he  made  it  his  whole  im- 
ployment  he  could  not  doe  it  vnder  30^  a  yeare,  but  the  court 
thought  not  meete  to  laye  forth  so  much  yearly  vpon  this 
worke,  therfore  it  was  propounded  that  he  might  spend  two 
dayes  in  a  weeke  to  view  all  y^  fences,  &  pound  catle  &  swine, 
&  that  for  his  paye  he  might  have  2'^  vpon  every  ac  of  land 
that  is  improved  for  corne  w^hin  y^  two  mile,  and  that  he  gitts 
for  pounding  catle  beside,  W^h  was  propounded  to  Jn°  Coppr 
and  he  accepted  it.  Whervpon  the  court  ordered  that  for  ye 
yeare  to  come  John  Coppr  be  publique  pownder  for  y^  towne, 
to  be  vnder  oath  to  view  the  fences  aboute  the  corne  feilds 
belonging  to  y^  towne  wthin  the  two  mile,  one  every  weeke,  if 
no  extraordinary  providenc  hinder.  The  time  for  his  view  is 
left  to  himselfe,  so  as  mayo  be  most  for  y^  benifite  of  the  scv- 
erall  quarters,  and  to  tell  every  man  whose  fenc  is  defective 
one  every  weeke,  but  if  any  man  hath  had  warning  of  his  fenc 
to  be  defective,  &  it  is  not  mended  before  the  next  weeke  he 
view  againe,  (their  being  a  weekes  time  betwixt  his  view,)  the 
fine  to  be  12<i  for  every  post  &  length  of  rayles  that  is  defect- 
ive or  downe,  &  6'^  a  time  for  Jn°  Coopprs  comeing  to  tell 
them,  and  if  yet  it  be  neglected  it  is  counted  a  contempt  and 
they  must  answer  it  at  the  court ;  and  what  damadge  comes 
by  it  to  be  p'^  by  ye  owner  of  the  fenc  beside.  And  for  his 
paye  the  court  ordered  &  he  accepted,  that  he  have  2^  for 
every  ac  of  land  wUiin  the  two  mile  that  is  improved  for 
corne,  house  lotts  or  other,  and  what  swine  or  catle  he  pounds 
according  to  order,  to  have  the  poundage  beside,  w^h  is  order- 
ed to  be  4^  a  beast  as  ox,  steere,  cow  or  calfe,  &  12(1  a  horse, 
&  for  ^wine  according  to  the  order  following ;  and  thoughe 
the  swine  or  catle  of  any  sort  w^h  transgrese  the  order  be  not 
pownded,  but  the  owner  told  of  them,  they  must  paye  as  if 
they  were  pounded. 


1648]  NEW   HAVEN   COLONY  RECOEDS.  407 

It  was  propounded  and  desired  by  divers  that  no  swine 
might  be  kept  but  what  men  will  keepe  vp  in  their  yards,  or 
elc  if  they  keepe  them  abroad,  then  at  such  a  distanc  as  they 
maye  not  doe  damadge  to  cornefeilds  or  meddowes,  and  then  to 
goe  vnder  keepers ;  and  that  both  at  towne  &  at  y^  farmes ; 
and  after  much  debate  of  the  matter  the  court  ordered,  that 
whosoever  keepes  swine  in  the  woods  must  have  keepers  and 
keepe  them  8,  10,  or  12  mile  distanc  from  y^  towne,  that  they 
come  not  to  doe  damadge  in  cornefeilds  or  meddowes ;  and 
they  w*=h  keepe  swine  in  y^  towne,  or  at  the  farmes,  shall 
keepe  them  vp  in  their  yards,  that  they  goe  not  forth  to  doe 
damadge,  vnder  the  penaltie  of  12^  apec  for  each  default,  & 
the  damadge  beside.  But  if  hoggs  straye  out  into  y"  woods, 
or  gitt  out  of  a  mans  yard  into  the  street  accidentally  & 
against  his  will,  then  the  penaltie  to  be  but  S*^  apec,  to  goe  to 
him  that  pounds  them  or  brings  them  home.  This  order  to 
take  place  a  moneth  henc,  till  W^h  time  the  former  order 
stands  in  force. 

The  putting  in  catle  into  y^  severall  quarters  is  left  to  them- 
selues  to  order. 

It  is  ordered  that  if  any  man  in  his  owne  yard  or  ground 
make  a  penn  or  yard  to  keepe  swine  in,  if  it  be  against  his 
neighbours  fenc,  he  shall  maintayne  the  fenc  so  farr  as  that 
yard  or  penn  reacheth,  that  his  neighbour  be  not  damnifyed 
therby. 

Jno  Coppr  desired  that  the  pound  might  be  removed  to  a 
place  neare  his  owne  house,  that  it  might  be  more  convenient 
for  him  to  pound  swine  or  catle.  The  towne  was  rather 
willing  to  make  a  new  pound  neare  his  house  and  he,  the  said 
John  Coppr,  offered  to  sett  vp  one  as  bige  as  that  w^h  is  all- 
readie  vp,  (substantially  &  strong,)  for  50s,  w'^h  the  court 
agreed  to  &  was  willing  to  allowe  him. 

The  Governor  propounded  to  the  court  that  seeing  what  had 
bine  done  concerning  the  absent  lotts  to  dispose  of  them  doth 
not  issue  the  thing,  for  though  they  was  willing  to  abate  part 
of  the  rates  past  &  to  vallew  the  fenc  as  it  is  now  worth,  yett 
men  accepte  not  of  them,  wheither  theirfore  the  will  not 
thinke  of  some  other  waye,  either  by  themselues  or  by  a 


408  NEW  HAVEN  COLONY  RECORDS.  [1648 

comittee,  to  dispose  of  them.  The  court  considered  of  it  and 
chose  the  magistrats,  elders  and  deacons,  and  one  out  of  each 
quarter  in  the  towne,  viz'i.  Francis  Newman,  Mr.  Crane, 
WilHam  Andrewes,  Jervic  Boykine,  John  Ponderson,  Mr.  Gib- 
bard,  Richar  Milles,  Leivtenant  Seely,  Mathew  Camfeild,  as  a 
committee  to  whome  the  court  gives  full  power  to  consider  &, 
dispose  of  the  absent  lotts  as  they  shall  see  cause. 

Mr.  Evanc  propounded  to  the  court  that  he  might  have 
libbertie  to  make  a  wharfe  aboute  the  pointe  against  Phillip 
Leekes,  and  a  bridg  ouer  the  creekes  mouth  their,  so  as  they 
might  come  to  vnloade  a  boate  at  halfe  tide. 

Leivtenant  Seely  propounded  allso  that  he  might  have  lib- 
bertie to  make  a  wharfe  theraboute  wher  the  shipp  was  built, 
that  they  might  vnloade  a  vessell  at  any  time  of  y^  tide.  It 
was  allso  propounded  that  a  slue  might  be  made  at  the  creekes 
mouth  against  Phillip  Leekes  to  keepe  vp  the  watter,  that  so 
they  might  wear  a  channel,  and  a  wharfe  built  ther  to  vnloade 
goods  vpon  drye  at  any  time  of  y^  tide.  It  was  desired  that  a 
comittee  might  be  chosen  to  whom  they  would  reffer  the  con- 
sideration of  these  matters,  to  whome  any  that  propound  to 
doe  any  such  worke  might  repaire  for  resolution,  and  the  court 
chose  the  magistrats  and  deputies,  Mr.  Evanc,  Leivtenant 
Seely,  Mr.  Rudderford,  Robert  Martin,  and  they  have  libbertie 
to  call  in  any  others  y*'  they  thinke  may  give  y">  light  in  these 
matters. 

The  towne  was  desired  to  bring  in  their  rates  to  y^  treasurer 
w^h  speed,  elc  they  must  looke  to  be  warned  to  the  court. 

William  Andrewes  desired  the  court  that  they  would  pro- 
vide some  other  to  keepe  the  ordinary,  elc  furnish  him  w^h 
100^  and  a  convenient  house.  Mr.  Evanc  said  that  himselfe 
&  foure  more  would  lend  him  5'  apec  for  three  yeares  freely, 
w'^h  was  looked  vpon  as  a  kind  offer,  but  that  would  not  an- 
swer, and  some  proposition  was  made  concerning  John  Herri- 
mans  keeping  of  it,  and  aboute  the  house  was  M'  Lambertons, 
vpon'W'^h  occaision  it  was  reffered  till  Mr.  Goodyeare  came 
home. 

They  which  are  to  have  land  on  y^  east  side  were  desired 


1648]  NEW   HAVEN   COLONY  RECORDS.  409 

to  bring  in  ther  names  whoe  they  are  that  they  maye  have  it 
laid  out. 

[222]  II  Mr.  Robert  Newman  againe  propounded  to  know 
wheithcr  the  court  was  willing  to  exchange  one  third  part  of 
the  land  belonging  to  ther  quarters  Av'hin  the  2  mile.  The 
court  desired  the  committee  before  chosen  to  view  that  land 
to  view  it  againe,  that  they  maye  be  fully  informed  &  be  able 
to  give  light  to  the  court  whoe  will  considr  it. 

John  Coppr  is  to  begine  to  view  &  looke  to  the  fences 
p'sently,  and  when  he  gives  warning  to  any  quarter  that  hee 
will  view  the  first  time,  they  are  to  goe  w4i  him,  to  show  him 
every  man  his  fenc,  &  if  they  shall  neglect,  they  shall  paye  12^ 
a  man. 

It  is  ordered  that  this  day  fortnight  waights  &  measures  & 
stillyards  are  to  be  viewed  and  tryed  l)y  those  whoe  are  ap- 
pointed for  that  purpose,  at  the  meeting-house,  by  8  a  clocke 
in  the  morning.  And  betwixt  this  &  then  the  marshall  is  to 
goe  aboute  the  towne  to  mens  houses  &  take  notice  whoe  have 
waights  &  measures,  &  what,  and  give  a  noat  to  those  appoint- 
ed to  yIgw. 


At  a  Court  held  at  Newhauen  the  7'^'  of  Nouember,  1648. 

Sariant  Fowler  complained  that  his  squadron  came  not  to 
4rayne  according  to  y"  court  order.  Hee  was  asked  if  the 
drume  beate,  he  said  no,  thoughe  the  drumer  knew  his  duty 
and  ought  to  attend  the  townes  order,  the  court  said  it  was 
true,  for  he  is  a  towne  officer  &  vnder  paye. 

Robert  Basset  the  drumer  being  in  court  answered,  that  he 
was  about  the  shipp  worke,  but  was  told  that  was  no  excuse, 
he  said  the  shipp  worke  freed  other  men  and  why  not  him, 
but  was  told  their  was  no  ground  for  it,  for  he  is  an  officer 
vnder  paye,  and  ought  to  have  attended  his  worke,  and  if  his 
occaisons  had  called  him  from  home  he  should  have  gone  to 
the  sariant  &  intreated  him  to  have  gott  another  to  drume. 
He  said  he  thought  he  should  have  had  warning  from  the 
sariant,  but  was  told  it  is  not  the  sariants  worke,  but  he  should 
doe  his  owne  worke  and  attend  it.  The  court  witnessed 
52 


410  NEW   HAVEN   COLONY  RECORDS.  [1648 

against  this  his  neglect  but  past  it  by  for  this  time,  w^hout  a 
fine,  &  allso  freed  the  squadron. 

Robert  Basset  was  complained  of  for  absenc  at  two  generall 
courts,  he  answered  that  y^  reason  was  because  he  was  imploy- 
ed  in  druming  to  call  the  court  together,  &  went  but  home  to 
breakefast  &  came  againe  presently,  but  the  names  were  called 
before  he  came.  The  court  considered  his  excuse  &  freed  him. 
He  was  advised  that  one  squadron  dayes  he  beate  the  drume 
aboute  those  squadrons  that  are  to  trayne  that  day. 

The  will  of  William  Ives  deceased  was  presented  in  court, 
made  the  3^''  of  Aprill,  1648,  witnessed  and  vnderwritten  by 
Richard  Milles  &  Rogger  Allen,  whoe  now  in  court  testify  that 
the  said  William  Ives  was  in  a  state  fitt  to  make  this  will  & 
did  make  it.* 

Allso  the  inventorie  of  the  estate  of  the  said  William  Ives 
amounting  to  98' :  04:  OO'',  prised  by  Richard  Milles  &  Rogger 
Allen  vpon  their  oath,  the  22ti>  of  September,  1648.1 

William  Basset  whoe  is  neare  the  mariage,  (they  being  con- 
tracted,) of  ye  widdowe,  was  called  to  put  in  securitie  to  y^ 
court  for  the  estate,  that  the  chilldren  of  William  Ives  maye 
have  their  portions  duely  pd,  according  to  y«^  generall  courts 
order,  but  he  desired  respite  till  y*^  next  court  w^h  the  court 
granted. 

William  Basset  was  complained  of  for  absenc  at  the  generall 
trayning  yesterday,  he  sd  it  was  because  he  had  some  haj^e 
w<=h  did  lye  vpon  the  stroye,  ther  being  many  catle  lying  at  it, 
that  if  he  had  not  fetched  it  that  day  it  would  have  bine  eaten 
vp  &  spoyled,  &  he  had  indeavored  to  fetch  it  the  weeke  be- 


*  Will  of  AVilliam  Ive?,  made  April  .3d,  1648. 

He  makes  his  wife  sole  executrix  and  gives  her  the  use  of  all  his  goods,  house  and 
laud  for  the  bringing  up  of  his  small  children — gives  to  his  son  John  the  house  and 
land  at  21  years  of  age,  to  his  three  other  children  when  they  come  to  20  years  of  age 
one  coAv  apiece  or  its  value,  to  his  wife  the  rest  of  his  estate. 

If  the  Lord  should  take  away  any  of  the  daughters,  then  that  portion  shall  fall  to 
the  youngest  son,  and  if  the  Lord  should  take  away  the  eldest  son,  then  it  shall  fall  to 
the  youngest  son  at  21  years  of  age. 

The  mark  of  William  Ives,  witnessed  by  Eichai'd  Miles,  Roger  Allen. 

t  In  the  margin,  "  y=  4^''  Septem.  1649.  Rich.  Miles  &  Roger  Allen  confirmed  vpon 
oath  what  they  before  testifyed  concerning  William  Ives  his  will,  and  y«  6"'  of  Novm. 
1649,  the  executrix  tooke  oathy'  to  ye  best  of  her  light  y^  inventorie  pi'sented  is  a  true 
invent,  of  her  deceased  husbands  estate." 


1648]  NEW   HAVEN   COLONY   EECOEDS.  411 

fore,  but  it  was  so  wett  that  he  could  not ;  the  haye  was  scarse 
worth  the  fetching,  but  his  necessitie  required  it  for  preserving 
his  catle,  w^h  tilings  the  court  considering,  past  it  by  wUiout 
fine. 

John  Nash  was  complained  of  for  absenc  at  a  generall  court 
the  9'i>  of  October,  he  sd  he  had  lost  a  cow  vpon  the  last  day 
before,  and  was  faine  to  goe  seeke  her,  &  as  soone  as  he  came 
home,he  came  to  j^  court,  w^h  y«  court  accepted  &  past  it  by. 

Mr.  Ling  was  fined  12''  for  absenc  at  a  generall  court. 

Mr.  Ling,  Mathias  Hitchcocke,  Jn"  Wakefeild,  Henry  Car- 
ter, Joseph  Nash,  Mathew  Row,  Edward  Keely,  Joseph  Pecke, 
Nickholas  Elsy,  all  was  too  late  in  comeing  to  trayning  yester- 
day in  the  afternoone,  Init  they  said  they  was  their  before  the 
bodye  moved,  W^h  as  the  capt'  said  was  longer  before  it  moved 
then  it  vsed  to  be,  yett  because  it  hath  bine  y^  vsiall  course  to 
count  no  man  late  till  y^  bodey  hath  bine  removed,  the  court 
past  it  by  for  this  time. 

Sariant  Andrewes  was  complained  of  for  absenc  at  trayning 
yesterday,  he  answered  he  was  constrayiied  by  his  occaisions  to 
goe  to  Milford  to  end  a  buisines  W^h  should  elc  have  come  to 
this  court,  w^h  was  waightie  as  the  governor  knowes.  Mr. 
Evanc  should  have  gone  the  sixt  day  last  to  have  ended  it  for 
him  but  was  prevented,  so  that  he  had  no  day  but  yesterday 
to  goe.  The  governor  said  he  knew  the  buisines  and  it  was 
waightie.  The  court  considered  the  case  &  past  it  by,  but 
advised  Sariant  Andrewes  to  attend  trayning  carefully  for 
time  to  come. 

William  Gibbons  was  complained  of  for  absenc  at  two  gen- 
erall courts,  for  the  first  of  them  he  saith  he  will  payethe  fine, 
for  the  other  he  was  not  well  &  could  not  come,  wherfore  the 
court  past  it  by. 

The  will  of  Anthony  Tompson*  deceased  was  presented  in 

*  "  A  wrighting  presented  in  court,  for  the  last  Will  and  Testament  of  Anthony 
Tompson  deceased,  made  March  23d,  1647." 

Gives  to  his  eldest  sou  his  inheritance,  house  and  land  and  meadow  he  had  given 
him  by  the  Town,  (only  the  house,  his  wife  is  to  have  during  her  life,)  and  ten  pounds 
when  he  comes  to  eighteen  years  of  age.  To  his  second  son,  Anthonj',  the  laud  and 
meadow  he  bought  of  brother  Clarke,  and  ten  pounds  to  be  paid  him  when  he  comes 
to  the  age  of  twenty-one  years.  To  his  daughter  Bridget,  what  he  had  by  his  former 
wife  and  fifteen  pounds,  to  be  paid  her  at  the  age  of  eighteen  years,  provided  that  she 


412         NEW  HAVEN  COLONY  KECOEDS.  [1648 

court,  made  the  23th  of  March,  1647,  witnessed  and  vnder- 
written  by  Mr.  John  Davenport,  pasto^,  &  Mr.  Robrt  Newman, 
ruHng  elder  of  the  church  of  Newhaven. 

Likewise  the  inventorie  of  the  estate  of  the  said  Anthony 
Tompson,  amounting  to  236':  18^:  10^,  prised  the  26*^  of 
September,  1648,  by  Richard  Milles,  Mathew  Camfeild  & 
William  Tompson  vpon  ther  oath.  And  ^  Tompson 
the  widdowe  of  the  deceased  called  to  put  in  securitie  ^r  the 
chilldrens  portions,  but  because  ye  court  would  not  put  her 
vpon  it  suddenly,  they  reffered  it  to  y^  next  court. 

William  Basset  paseth  ouer  to  Mathew  Camfeild  two  ac'"^ 
of  meddow,  one  ac  of  it  lying  in  the  west  meddow  one  this 
side  the  river  betweene  the  meddowe  of  Richard  Osborne  & 
Thomas  Knowles,  and  the  other  aC"  lying  in  sollatarie  cove, 
&  81  ac^  of  vpland  in  the  subverbes  quarter,  on  this  sid  y« 
West  River. 

Henry  Loyne  was  complained  of  for  absenc  at  a  generall 
trayning,  but  Mr.  Crane  desired  that  it  might  be  respited  till 
next  court,  w<=h  was  granted. 

[223]  II  John  Bcnham  was  complained  of  for  being  absenc 
two  generall  trayning  dayes.  Hee  answered  that  the  first  of 
them  he  was  their  in  the  morning,  and  after  he  had  answered 
to  his  name,  newes  came  that  ther  was  many  oxen  in  his  corne, 
he  went  to  Mr.  Goodyeare  and  desired  to  be  excused  but  he 
refussed,  so  he  was  forced  to  goe  to  save  his  corne ;  he  was 
asked  if  he  came  againe,  he  said  no  because  vpon  the  last  day 
before  he  left  a  cart  w^h  liaye  w^h  stoodc  aboute  the  necke  hill 
in  hazard  &  he  went  to  looke  after  that ;  for  the  other  day, 


dispose  of  herself  in  marriage  with  the  consent  and  approbation  of  her  mother  and 
the  elders  of  the  church  then  being. 

The  remainder  of  his  estate  to  his  wife ;  if  she  marry  again  his  other  daughters  to  be 
provided  for  with  equal  portions  as  his  other  daughter  hath,  with  the  advice  of  the 
elders  then  being. 

To  his  brothers  William  and  John  Tompson,  each  ten  shillings  as  a  testimony  of  his 
brotherly  love. 

His  wife  is  made  sole  executrix. 

John  Davenport  and  Robert  Newman  certified  that  this  ^vriting  was  his  nuncupa- 
tive will.  Presented  to  the  court  of  Magistrates  the  27th  of  May,  1650,  not  allowed  as  a 
legal  will,  but  it  was  ordered  that  the  wife  of  the  said  Anthony  Tompson  should  ad- 
minister upon  the  estate,  according  to  the  particulars  in  this  writing  contained,  per 
Francis  Newman,  Secret. 


1648]  NEW  HAVEN   COLONY  EECOEDS.  413 

his  corn  was  gathered  &  laye  in  hazard  of  being  eaten  vp  &  he 
was  faine  to  goe  gett  it  home,  the  weeke  before  being  wett 
that  he  could  not,  yett  he  went  to  y^  captaine  &  company  to 
giv  him  libbertie,  but  they  left  it  to  y^  court.  For  y^  former 
day  the  court  past  it  by  wholly,  and  for  y^  latter  ordered  that 
he  paye  halfe  y^  fine  for  absenc  w^h  is  2^ :  6^. 

Beniamen  Willmott  was  complained  of  for  absenc  one 
trayning  day  and  for  late  comeing  another  trayning  day.  He 
said  his  absenc  was  because  he  had  haye  that  laye  vpon  the 
spoyle,  ptly  by  the  tide  &  ptly  by  the  raine,  &  if  ther  had 
come  more  wett  before  it  was  stirred,  it  might  haue  bine  quite 
spoyled,  &  that  day  being  faire  he  went  to  looke  to  it.  For  his 
late  comeing  he  knowes  not,  but  if  it  was  too  late  it  was  very 
litle,  but  he  submitts  to  the  court.  The  court  told  him  it  was 
many  mens  case  then  to  have  haye  lye  vpon  spoyle  by  wett, 
w"^h  attended  the  trayning  ;  the  court  for  his  late  comeing 
ordered  him  to  paye  the  fine  w'^h  is  12*1,  &  for  his  absenc  that 
he  paye  halfe  y*^  fine  w^h  is  2« :  6'^. 

Mr.  Goodanhousen  &  Mr.  Westerhousen  by  Mr.  Evanc 
made  a  request  to  the  court  that  the  bond  wherin  they  stand 
bound  to  the  court  in  1000  gilders  for  the  three  prisoners  that 
runn  awaye  to  the  Dutch,  might  be  remitted,  but  was  told 
that  because  it  was  done,  thoughe  in  this  court,  yett  w^h  the 
assistanc  of  two  other  magistrats,  it  must  be  reffered  till  a 
court  of  magistrats,  or  till  two  magistrats  sitt  heare  w^h  this 
court. 

James  Till  was  warned  to  this  court  to  attend  aboute  an 
action  to  be  tryed  betwixt  Richard  Pery  &  Jn"  Megs,  Ijut  ap- 
peared not,  w-'li  the  court  looked  vpon  as  a  contempt  W^h  he 
is  to  answer  for  the  next  court. 

The  court  ordered  an  attachment  vpon  Jn"  Meggs  his  corn, 
viz'i,  10  bushell  of  wheat,  and  that  it  be  not  removed  out  of 
Mr.  Perys  barne  till  y^  differenc  wh  is  betwixt  them  concern- 
ing the  barne  be  ended,  and  what  Mr.  Pery  owes  Jn°  Meges 
he  must  paye. 


414  NEW   HAVEN   COLONY   RECORDS.  [1648 

A  Generall  Court  the  20th  of  Nouember,  1648. 

The  Governer  acquainted  the  court  w^h  &  read  a  letter  w^h 
he  had  received  from  y^  committee  of  both  houses  of  parli- 
ment.* 

The  Governer  informed  the  court  that  the  committee  ap- 
pointed to  dispose  of  the  absent  lotts  have  mett  twice  and 
considered  of  them,  &  thinke  meete  that  the  rates  past  be 
forborne,  &  the  fenc  pd  for  as  it  is  now  worth,  &  the  first 
survaye,  and  tliat  if  any  to  whom  any  part  of  them  is  disposed 
of  shall  w^hin  five  yeares  remove  out  of  the  towne,  then  they 
shall  returne  the  land  backe  againe  to  the  towne,  therfore 
those  that  find  themselues  straitened  maye  give  in  their 
names,  that  so  men  maye  be  accommodated  so  farr  as  the  land 
will  beare. 

Mr.  Evanc,  Mr.  Yale,  Mr.  Atwater  had  libbertie  to  depart 
the  court,  &  Robrt  Basset  &  Mr.  Auger. 

Mathew  Camfeild  came  late,  Ijut  the  court  past  it  by  be- 
cause lie  was  forced  to  goe  looke  after  some  catle. 

The  court  was  informed  that  the  order  made  last  court  con- 
cerning keeping  vp  swine  was  much  objected  against  &  taken 
ill  by  divers  in  the  towne,  whervpon  it  was  againe  propounded 
to  the  court  if  they  would  alter  it,  but  the  court  would  not 
but  confirmed  it  for  a  yearc. 

The  marshall  complained  that  Goodwife  Lampson  was  very 
troubelsom  to  his  family,  and  she  had  bine  long  at  his  house, 
and  sees  litle  amendment  &  desired  he  might  be  freed  from 
this  trouble,  whervpon  the  court  wished  Thomas  Lampson  to 
take  her  home  or  elc  gitt  another  place  wher  she  might  be 
kept  &  looked  too. 

It  is  ordered  that  every  quarter,  or  quarters  that  lye  togeth- 
er, shall,  w^hin    the  compase  of  a  weeke   after   this   court, 


*  This  letter  is  referred  to  in  "  New  Haveu  case  stated,"  aud  was  "  for  freeing  the 
several  distinct  colonies  of  New  England  from  molestation  by  the  appealing  of  trouble- 
some spirits  unto  England,  whereby  they  declared  that  they  had  dismissed  all  causes 
depending  before  them  from  New  England,  and  that  they  advised  all  inhabitants  to 
submit  to  their  respective  governments  there  established,  and  to  acquiesce  when  their 
causes  shall  be  there  heard  and  determined."  The  letter  was  signed  by  Pembroke, 
W.  Say  and  Seale,  Manchester,  Fr.  Dacre,  &c.,  Warwick,  Denbigh. 


1648]  NEW   HAVEN    COLONY  RECORDS.  415 

meete  together  and  setle  &  marke  the  fenc  so  that  the  viewer 
maye  know  every  mans  fenc  w*hout  further  trouble,  and  for 
neglecte  hearof,  the  quarter  or  quartrs  shall  paye  20%  vnless 
they  can  laye  it  vpon  some  pticular  man  or  men,  for  his  or 
their  stubbornnese  or  refractaryness,  w^h  the  pticular  court 
shall  judge  of. 

John  Hall,  William  Paine,  William  Holt,  Nathaniel  Meri- 
man,  Henry  Morrell,  desire  to  have  their  land  on  y"  east  sid, 
betwixt  the  red  rocke  &  Mr.  Davenports  ftirme,  &  the  court 
ordred  that  it  should  be  laid  out  together  that  they  maye  plant. 

John  Coppr  tooke  oath  to  be  faithfull  in  the  trust  committed 
to  him  in  viewing  fences  and  pounding  catle,  according  to  y^ 
courts  order,  w'hout  partialitie  or  respect  of  psons. 


A  Court  held  at  Newhaven  the  S^*'  of  December,  1648. 

Henry  Peck  was  complained  of  for  absenc  at  a  generall 
court,  lie  said  his  wife  was  sick  and  tliat  was  the  cause,  vpon 
w^h  consideration  he  was  excused. 

Robert  Pigg  was  complained  of  for  absenc  at  a  generall 
court,  he  sayd  that  it  was  a  wett  morning  that  the  drume  could 
not  beat  aboute  towne  &  he  heard  it  not,  but  he  came  as  soone 
as  he  thought  it  was  time,  whervpon  he  was  excused. 

Richard  Pery  declaretli  that  wheras  the  last  court  their  Avas 
an  attachment  laide  vpon  tenn  l)ushells  of  the  wheat  of  Jn" 
Megs  wh  laye  in  his,  the  said  Richard  Perys  banu;,  and  not 
to  be  removed  out  of  the  barne  till  y^'  rent  of  y^  l)arne  was 
satisfyed  for  to  the  sd  Richard  Pery,  yett  contrarie  to  this  he, 
ye  sd  Jn°  Megs,  hath  removed  and  disposed  of  the  wheate. 
[224]  II  John  Meggs  answered  that  he  thought  their  should 
have  bine  an  actuall  attachment  laid  vpon  the  corne,  therfore 
he  fetched  some  of  it  home  and  thought  their  would  have  bine 
twenty  bushels  more,  &  so  disposed  of  three  bushells  more, 
that  when  they  came  to  winowe,  their  proved  but  aboute  7 
bushells,  and  he  hath  indeavored  to  gett  corne  to  make  it  vp 
but  could  not.  The  court  told  him  they  wondered  at  his  ex- 
cuse and  it  offended  them  much,  to  saye  their  was  not  an 


416  NEW  HAVEN   COLONY  RECORDS.  [1648 

actuall  attachment  when  the  court  layd  it  themselues  and 
needed  not  to  send  any  officer  to  doe  it.  Further  the  gover- 
ner  informed  the  court  that  Jn"  Megs  was  w^h  him  and  com- 
plained that  the  hoggs  came  into  the  barne  and  spoyled  his 
corne,  &  it  would  not  be  safe  to  leave  so  much  corne  their 
threshed.  The  governer  told  him  that  he  might  therfore 
leave  it  at  Mr.  Perys  house  as  he  threshed  it,  but  he  objected 
against  that,  therfore  was  told  he  might  leave  it  w'h  the 
treasurer,  but  he  did  neither,  but  contrarie  to  all  order  caryes 
the  corne  away  &  disposeth  of  pt  of  it,  which  cariage  the 
court  looked  vpon  as  contemptuous  in  John  Megs  against  the 
court,  and  should  after  deale  w^h  him  for  it. 

Further  the  plantiffe  declares  that  their  was  an  agreement 
betwixt  his  wife  &  James  Till,  servant  to  John  Meggs,  for 
one  pt  of  his  barne,  for  y^  rent  of  w^h  he  was  to  have  wheat, 
and  for  the  vallew  they  both  reffered  it  to  his  father,  Mr.  Mal- 
bon.  James  Till  was  called,  whoe  saith  that  hee  being  ser- 
vant to  Goodman  Meggs,  went  to  M^'^  Pery  &  desired  she 
would  lett  him  her  barne,  shesaide  not  all,  he  saydthen  halfe, 
she  sayd  yea,  she  said  she  must  have  corne  for  it,  he  sayd  she 
should,  she  said  not  rye,  he  said  no  but  wheat  and  good  wheat, 
she  said  she  knew  not  the  pric  but  would  reffere  it  to  her 
father,  to  w<=h  he  agreed,  so  he  hired  halfe  the  barne  &  half 
ye  leantoo  on  y«  side  ;  notw^hstanding  this  agreement,  the 
plant  pleads  that  the  defendant  will  not  paye  him  corne  but 
saith  though  he  promised  to  satisfy,  yett  not  in  corne. 

John  Meggs  answered  that  his  man  tooke  it  before  before  he 
knew  of  it,  but  after  Mi^'^  Pery  came  to  him  (vnderstanding 
James  was  his  man,)  and  asked  him  if  he  would  see  the  rent 
for  the  barn  payd,  he  asked  her  what  it  was,  she  said  she  could 
not  tell,  he  asked  what  it  was  lett  for  last  yeare,  she  sayd  she 
could  not  tell,  he  sayd  what  she  had  last  yeare  he  would  give 
her  this  yeare,  w'h  w^li  she  was  satisfyed.  After  this  M'^'^^  Pery 
came  for  shooes,  both  to  make  &  mend,  and  had  what  she 
desired,  she  said  she  had  no  wampom,  he  said  it  was  no  mat- 
ter, it  should  goe  towards  the  rent  of  the  barne  ■  &  she  was 
satisfyed,  and  Mr.  Pery,  after  he  came  home,  came  for  a  paire 
of  shooes  &  had  them,  but  said  he  had  no  wampom  ;  he,  y^ 


1648]  NEW    HAVEN    COLONY   EECOEDS.  417 

sd  Jno  Megs,  answered  it  was  no  matter,  it  should  goe  to- 
wards the  rent  of  the  barne,  and  he  objected  not  against  it, 
and  they  neiier  spake  of  corfie  but  one  time  when  they  was 
dressing,  M^'s  Pery  said,  Goodman  Megs,  can  yow  spare  me 
any  wheat,  he  said  no,  she  sayd  James  promised  corne  for  the 
barne,  he  said  he  had  none  to  spare. 

jVXris  Pery  said  she  knew  not  of  any  such  bargaine  betwixt 
Goodman  Meggs  &  her,  either  for  the  rent  or  for  the  paye. 

Wherfore  Jn"  Megs  was  called  to  make  proofe  of  these 
things,  first  that  the  rent  was  to  be  as  it  was  lett  the  lastyeare, 
secondly  that  they  was  content  to  take  other  paye  y"  corn. 

Goodwife  Meggs  testifyeth  vpon  oath  that  her  husband  asked 
Mr  is  Pery  what  the  rent  of  the  barne  was,  she  said  she  could 
not  tell,  he  said  to  her,  looke  what  others  pd  last  yeare  he  was 
willing  to  give,  &  M^^  Pery  said  well,  well,  seeming  to  be  sat- 
isfyed.  Further  this  deponent  saith  that  M-^'^  Pery  was  wil- 
ling to  take  the  shooes  she  had  in  pt  of  payement  for  the  rent 
of  the  barne,  and  that  Mr.  Pery  had  afterward  a  paire  of 
shooes  for  himselfe  &  was  willing,  to  her  apprehension,  to  take 
them  vpon  y«=  barne  acc° 

John  Hall  servant  to  Jn^  Megs  testifyeth  vpon  oath  that 
Mr  is  Pery  had  a  paire  of  shooes  of  his  master  &  said  she  had 
no  money  at  that  time  aboute  her.  Jn^  Megs  said  it  should 
goe  in  pt  of  payement  for  the  barne,  she  said  well,  well,  seem- 
ing to  be  willing  that  it  should  be  so. 

William  Hooke  testifyetli  vpon  oath  that  Mr.  Pery  came  to 
Goodman  Meges  for  a  paire  of  shooes,  he  said  he  had  no  wam- 
pome  to  paye  at  p''sent,  Goodman  Megs  said  lett  them  goe  in 
pt  of  the  barne,  Mr.  Pery  said  well,  well,  &  went  away  seem- 
ing to  be  content  &  yeilding  a  full  consent,  in  his  apprehen- 
sion. 

John  Megs  was  called  to  show  what  the  barne  was  lett  for 
the  last  yeare,  but  could  not,  whervpon  the  court  was  in- 
formed that  Thomas  Wheeler  senio'",  whoe  hired  that  part  the 
last  yeare,  could  informe,  whoe  was  sent  for  &  cam,  &  testi- 
fyed  to  ys-  court  that  he  hired  that  pt  of  the  barne  last  yeare 
w^h  John  Megs  hath  this  yeare  &  agreed  w^h  Mr.  Pery  and 
pd  him  for  it  seaven  bushells  of  wheat. 
53 


418  NEW   HAVEN    COLONY   RECORDS.  [1648 

Richard  Pery  saitli  further  that  the  shooes  he  had  of  Jii" 
Megs  is  prised  too  deare,  he  asked  4^  6^  for  shooes  that  he  had 
better  of  another  for  3^  Q^. 

The  sentenc  of  the  court  is  that  the  shooes  Mr.  Pery  hath 
had  of  Jii"  Megs,  being  duely  vallewed  by  Leivtenant  Seely  & 
Thomas  Beament,  be  deducted,  the  rest  to  be  pd  to  Mr.  Pery 
in  wheat,  after  the  rate  of  seaven  bushell  for  the  whole,  and 
that  the  charges  of  the  court  be  borne  equally  betwixt  them. 

And  for  the  contemptuous  cariage  of  John  Meggs  to  the  court 
in  refussing  to  fullfill  their  order  in  the  attachment  laid  vpon 
the  corne  the  court  fined  him  xx^ 

Widdow  Tompson  was  called  to  put  in  securitie  for  her 
childrens  portions,  but  she  not  being  fit  it  was  respited. 

William  Pecke  was  complained  of  for  absenc  at  a  generall 
court,  he  answered  he  was  not  well  to  come,  whervpon  the 
court  past  it  by. 

William  Baset  was  called  to  put  in  securitie  for  y^  portions 
of  his  wives  chilldren,  but  it  was  respited. 

James  Till  was  warned  to  this  court  to  answer  for  his  con- 
tempt in  not  appearing  the  last  court;  he  saith  that  he 
acknowledges  he  was  served  wUi  a  warrant  to  appeare  at  the 
last  court  but  did  not,  but  haveing  a  lighter  load  of  haye  to 
empty  went  about  that,  w*^hout  asking  leave  of  any  magis- 
trate. 

Thomas  Barnes  informed  the  court  that  he  served  a  war- 
rant vpon  James  Till  two  or  three  monethes  sine,  but  he  could 
not  gitt  him  to  appeare,  but  hath  all  way  shifted  him  of  one 
way  or  other,  but  this  he  hath  to  inform  the  court  against 
[225]  II  him,  that  he,  the  said  James,  stole  a  si  the  w'^h  he 
left  in  the  feild,  taking  it  of  from  the  snath  and  vseing  it  as 
his  owne,  w«=h  charge  James  Till  owneth  &  acknowledgeth  it 
to  be  true,  and  that  he  had  slandered  Thomas  Barnes  by 
reporting  that  he  did  but  take  his  sithe  as  he,  y^  said  Barnes, 
had  taken  a  grubbing  axe  of  his,  whenas  Thomas  Barnes  had 
borrowed  the  axe  of  James  Till  as  he  now  confesseth.  Allso 
Mr.  Gibbard,  the  treasurer,  informed  the  court  that  James 
Till  found  a  dead  woolfe  in  the  woodes,  <fe  cut  of  the  head  and 
brought  it  to  him  to  be  payde  for  it,  saying  he  had  killed  it  by 


1648]  NEW  HAVEN  COLONY  RECORDS.  419 

setting  a  gunn,  and  gott  a  noate  of  him  to  receive  15^  for  it 
&  therin  by  lying  deceived  the  towne  whose  order  is  that  those 
that  kill  woolfes,  (&  not  find  them  dead,)  should  be  pd  for 
them,  w^h  lying  and  cheatting  James  Till  could  not  denye. 

The  sentenc  of  the  court  is  that  for  his  contempt  of  the 
court  in  not  obeying  the  warrants  served,  he  paye  40^  fine  to 
the  towne,  for  the  sith  that  he  make  double  restetution,  yp  sith 
being  vallewed  at  4%  for  his  lying,  cheatting  and  slandering 
that  he  be  severly  whipped,  and  the  he  acknowledg  the  wronge 
he  hath  done  to  Thomas  Barnes  in  slandering  of  him,  &  that 
he  sitt  in  y«  stockes  as  long  as  the  weather  will  pmitt  w^i  res- 
pecte  of  mercy  to  him,  thall  that  pass  by  maye  see  what  man- 
ner of  pson  he  is. 

Jn"  Coppr  informed  the  court  that  their  is  a  great  deale  of 
fenc  lye  downe  about  Mr.  Evanc  hs  farme,  belonging  to  divers 
men  wh  have  hired  the  land.  The  court  ordred  that  it  be 
made  vp  w'h  speed. 

Jno  Coppr  complained  that  having  pounded  3  mares  of 
Robert  Pigs,  he  could  not  gitt  his  paye  because  the  fenc  is 
downe.  The  court  ordered  that  Robert  Pig  paye  John  Coppr, 
and  after  seeke  his  remedy  of  the  fenc  that  is  downe. 

Mr.  Malbon  desired  the  help  of  the  court  in  a  differenc 
betwixt  Mr.  Evanc,  Mr.  Goodanhousen  and  himselfe,  concern- 
ing a  horse  that  he,  the  sd  Mr.  Malbon,  bought  and  after  sold 
to  Mr.  Goodanhousen.  The  case  Avas  this :  Mr.  Malbon 
bought  a  horse  of  Goodman  Ford  of  Windsore,  to  be  pd  in 
merchantable  wampome  vpon  demand,  but  if  in  his  jurney 
from  Connecticote  to  Newhaven  he  liked  not  the  horse,  he 
Avas  to  paye  Goodman  Ford  6^  8'^  for  his  jurney  &  send  y^ 
horse  againe.  After  Mr.  Malbon  came  home  he  liked  the 
horse  &  intended  to  send  him  to  the  Barbadoes,  but  he  was  too 
bigg  to  goe  in  y^  vessell ;  Mr.  Evanc  desired  to  haue  the 
horse,  Mr.  Malbon  was  willing  and  told  him  the  termes  of 
payement,  he  said  he  would  paye  it,  but  after  a  litle  considera- 
tion refussed  him,  so  then  the  horse  was  sold  to  Mr.  Goodan- 
housen for  such  paye,  to  be  pd  to  Goodman  Ford  vpon  demand, 
Goodman  Ford  sent  one  and  had  it  not,  after  sent  againe  by 
Goodman  Meggott ;  Mr.  Goodanhousen  proffered  him  beavo'' 


420  NEW  HAVEN  COLONY  RECORDS.  [1648 

but  they  could  not  agree  vpon  termes,  so  he  went  away  vn- 
payde.  Mr.  Westerhousen  sayd  that  vpon  Mr.  Goodanhousen 
desh'e  he  offered  to  paye  Goodman  Ford  at  Connecticote  m 
commodities,  but  he  refussed  them,  (this  was  in  August  last.) 
Mr.  Westerhousen  then  told  him  that  if  he  went  to  Newhaven 
his  man  should  paye  him  in  wampome  according  to  agree- 
ment, so  he  came  to  Newhaven  in  the  midle  of  Septerh  next 
to  the  faire,  but  never  caned_for  the  wampom  though  it  laye 
readie.  After  Mr.  Westerhousen  asked  him  the  reason,  he 
answered  because  now  he  required  damages  for  want  of  his 
money. 

The  court  considered  the  p^'mises,  and  ordered  that  Mr. 
Westerhousen  paye  to  Mr.  Malbon  for  Goodman  Ford,  eleaven 
pounds  in  merchantable  wampom,  and  for  the  damadges  it  is 
reffered  to  be  considered  afterward,  the  charges  of  the  court 
to  be  borne  by  Mr.  Westerhousen  or  Mr.  Goodanhousen. 

Mr.  Pell  being  ordered  by  the  last  court  of  magistrats  to 
attend  this  court,  &  being  a  fine  of  twenty  shillings  then  laid 
vpon  him,  appeared  not,  but  Mr.  Leach  being  in  court  said  he 
was  ordered  by  Mr.  Pell  to  informe  the  court  that  it  was 
against  his  judgment  to  take  an  oath,  therfore  could  not  doe  it ; 
he  was  asked  if  Mr.  Pell  sent  the  fine  of  twenty  shillings  by 
him,  he  said  no,  therfore  it  was  looked  vpon  as  a  contempt  in 
Mr.  Pell. 

William  Judson  desired  libbertie  to  send  John  Knight  out 
of  the  jurisdiction,  the  court  told  him  he  might  if  he  would 
vndertake  to  have  him  heare  by  tomorrow  senit,  buty',  he  said, 
would  not  suit  his  occaisions,  therfore  he  would  not  send  him. 

John  Meggs  became  suertie  for  James  Till,  &  binds  himselfe 
in  10'  to  deliver  him  at  the  prison  to  the  marshall  tomorrowe 
morning. 

Sariant  Munson  informed  the  court  that  he  was  aboute  3  or 
4  monthes  sine  accused  in  this  court  by  Captaine  Malbon  that 
he  had  vpon  a  trayning  day  come  to  the  company  &  taken 
awaye  some  men  &  said  he  would  answer  it,  but  the  thing  was 
not  true.  But  the  thing  was  this,  Mr.  Davenports  sellar  was 
to  be  stoned,  &  the  massons  had  appoynted  to  come  to  worke 
on  the  second  day  from  Guilford,  w^h  was  trayning  day  hear, 


1648]  NEW   HAVEN   COLONY  RECORDS.  421 

Mr.  Davenport  spake  to  him  to  gitt  helpe,  &  come  &  vndersett 
the  house,  &  prepare  it  so  tliat  the  men  might  goe  to  worke 
when  they  came.  He  tokl  Mr.  Davenport  it  was  trayning  day, 
therfore  would  have  done  it  vpon  tlie  last  day  before,  but  Mr. 
Davenport  was  not  willing  to  haue  his  house  lye  open  vpon 
the  Saboth  day,  but  said,  lett  him  gett  men  and  he  would 
freely  paye  the  fines  if  the  towne  required  it,  so  he  spake  to 
two  or  three  before  whoe  helped  him  in  the  worke,  but  he 
came  not  at  the  company  that  morning. 

Mr.  Malbon  answered  that  he  cannot  name  the  pticular 
pson  that  told  him,  but  he  was  sure  he  was  told  so,  &  when 
the  company  came  to  his  house  for  the  cullars,  their  was 
much  stirr  in  the  company  about  it  &  they  was  offended  at  it, 
insomuch  as  some  said  if  this  was  put  vp  they  would  trayne 
no  more.  That  their  was  a  great  stirr  in  the  company  aboute 
it,  Leivtenant  Seely,  Ensign  Newman  &  the  clarke  &  others  do 
witnes,  but  that  Sariant  Munson  was  at  the  company  that 
morning  they  cannot  saye. 

The  court  told  Sariant  Munson  that  it  seemes  their  was 
some  mistake  in  the  buisenes,  but  had  he  caried  it  so  highly 
as  to  take  men  away  and  saye  he  would  answer  it,  they  should 
have  bine  much  offended  at  it. 

Mr.  Evanc,  atturney  for  Phillip  Galpin,  informed  the  court 
that  aboute  a  yeare  agoe  Mr.  Pell,  as  Mr.  Leach  his  agent, 
was  ordered  by  this  court  to  paye  to  Phillip  Galpine,  or  elc  to 
the  treasurer,  a  certayne  some  of  money  due  from  Mr.  Leach 
to  Nathaniell  Drapr  for  wages  in  his  servic,  and  given  by  will 
by  Nathaniel  Drapr  to  the  said  Phillip  Galpine,  w^h  is  not 
payde,  &  now  Mr.  Leach  himselfe  being  pi'sent  refuseth. 

Mr.  Leach  was  called  to  show  the  reason  he  pd  it  not,  he 
answered  that  he  had  payde  it  allreadie  to  Mr.  Sellicke  in  the 
Baye,  &  it  was  given  him  by  another  will  of  Nathaniel  Draprs 
made  after  this  will  wherin  it  is  given  to  Phillip  Galpine,  as 
appeares  by  the  oath  of  one  Goodwife  Tillson  of  Vergenia, 
now  pi'sented  in  court. 

Mr.  Evanc  saith  that  this  Goodwife  Tillson  whoe  is  the  wit- 
nes is  a  ptye,  &  had  a  part  of  Nathaniel  Drapprs  estate,  5'  at 
least,  as  Mr.  Sellicke  acknowledgeth,  and  he  desired  libbertie 


422  NEW  HAVEN  COLONY  RECOBDS.  [1648 

of  the  court  till  Aprill  next  to  bring  in  oath  of  the  trueth  of 
it,  w^^h  was  granted  : 

[226]  II  The  court  required  that  the  money  be  pd  according 
to  order.  Mr.  Leach  desired  that  he  might  not  pt  w'h  any- 
more, seeing  he  had  paide  it  allreadie,  W^h  the  court  was  will- 
ing to  forbeare,  provided  he  put  in  securitie,  and  he  ingageth 
himselfe,  the  house  &  home  lott,  and  six  ac^  of  land  he  bought 
of  Thomas  Kimberly,  for  the  money,  w<^h  is  aboute  eleven 
pounds. 

Mr.  Evanc  declared  to  the  court  that  according  to  the  court 
of  magistrats  order  and  his  ingagment,  he  now  p^sented  Jer- 
emiah How  to  the  court  &  hoped  he  should  be  freed  from  his 
ingagment. 

The  Governor  told  Jeremiah  How  that  he  heard  sine  the 
court  of  magistrats  that  he  went  to  Mr.  Goodyeare  to  have 
the  irons  taken  of,  but  he  refused,  and  that  he  told  the  mar- 
shall  beforehand  that  if  the  prisoner*  escaped  it  was  not  his 
best  way  to  deliver  the  letter,  so  that  it  seemes  he  thought 
beforehand  what  to  doe.  Jeremiah  How  answered  that  Mr. 
Goodyeer  being  at  watter-side,  he  asked  him  if  the  irons 
might  not  be  taken  of,  &  for  the  not  delivering  the  letter, 
those  words  was  occaisioned  by  the  marshall,  for  when  he 
broiight  the  letter,  Mr.  Kitchell  of  Guilford  was  by,  and  Jer- 
emiah How  said  that  the  letter  might  be  a  snare  to  him,  to 
deliver  it  if  the  prisoner  should  escape,  and  the  marshall  said 
againe  he  hoped  he  had  more  witt.  The  marshall  acknowl- 
edgeth  that  he  spake  words  to  that  purpose,  for  w^h  he  was 
reproofed,  but  saith  that  they  was  first  occaisioned  by  Jere- 
miah How,  but  Jeremiah  acknowledgeth  that  in  his  hart,  out 
of  a  foolish  pitty  to  y^  man,  he  was  willing  to  his  escape. 
The  governor  told  Jeremiah  How  that  he  had  deneyed  this, 
he  answered  that  he  remembers  it  not,  he  desired  to  have 
favour  showne  him  in  his  fine,  l)ut  for  that  the  court  reffered 
it  to  y^  court  of  magistrats. 

Jolm  Moss  atturney  for  John  Charles  declared  to  the  court 
that  abo\ite  three  yeares  sine  or  more,  Jn°  Charles  sold  vnto 


*  The  prisoner,  James  Turner,  was  a  fugitive  from  the  Dutch.    See  appendix  Q.  R. 


1648]  NEW  HAVEN   COLONY  RECOEDS.  423 

Jno  Megs  a  certaine  quantitie  of  hides,  to  the  vallew  of  aboute 
foiirty  pounds,  to  be  paide  for  them  the  next  Michellmas  fol- 
lowing, but  cannot  gett  his  paye  for  them  to  this  day,  therfore 
desires  the  justic  of  the  court. 

John  Meggs  answered  that  he  bought  26  or  27  hides  of 
John  Charles,  and  he  was  to  paye  for  them  when  they  were 
tanned,  w^h  hath  not  bine  till  now,  &  now  he  intends  to  paye. 
The  plantiffe  replyed  that  the  tanner  saith  that  some  of  Jn" 
Charles  his  hides,  &  y'  the  best  of  them,  hath  bine  tanned  long 
sine  &  fetched  awaye  by  Jn"  Megs,  and  that  these  w^h  now 
Jno  Megs  saith  are  Jn"  Charles  his  hides  are  the  last  of  a  100 
hides  w^h  were  a  tanning,  of  w"^h  Jn"  Charles  his  hides  were 
but  a  part ;  but  it  appeared  that  the  matter  was  not  readie  for 
tryall,  the  plant'  wanting  some  witnes  wh  maye  give  light  in 
the  case,  and  the  defendant  deneying  what  is  alleadged.  The 
court  refered  it,  but  in  the  meanc  time  ordered  that  if  Jn" 
Megs  can  put  in  securitie  in  leather  for  40',  w<=h  is  to  be  laid 
at  M.  Gilberts,  &  pd  for  to  Jno  Charles  as  it  is  fetched  away, 
and  damage  beside  for  the  time  it  hath  bine  due  sine  Jn" 
Charles  went  into  the  Baye,  or  if  he  have  not  leather  inoughe, 
if  M.  Gilbert,  whom  Jn^  Megs  propounds  will  be  bound  for  y^ 
rest  so  that  the  debt  may  be  secured,  that  then  Jn^  Megs 
have  the  leather  in  question,  if  not,  that  then  the  leather  be 
attached  &  not  medled  w'h  till  Jn°  Charles  come  home,  which 
his  wife  thinkes  will  be  next  weeke. 

Mr.  Malbon  informed  the  court  that  aboute  3  yeeres  sine 
Edmund  Tooley  showed  him  a  note  vnder  Jn^  Dillinghams 
hand,  wherin  Jn°  Dillingham  testifyeth  that  Lawranc  Watts 
told  him  that  if  he  dyed  before  Edmund  Tooley  he  would  give 
the  sd  Edmund  his  estate. 


A  Generall  Court  the  3th  qf  January,  1648, 

The  Gouerner  informed  the  court  that  the  deputies  whom 
they  appointed  to  looke  to  their  publique  workes  for  the  towne 
have  called  workemen  together  &  considered  this  meeting- 
house &  find  that  three  of  the  pillars  are  rotten  &  should  be 


424  NEW   HAVEN   COLONY  RECOEDS.  [1648 

supply ed  w^h  new  ones,  allso  j^  groundsells  are  rotten  & 
needes  new  ons,  beside  the  raine  beates  in  at  the  sides  and 
needes  to  be  clapboarded ;  they  have  allso  considered  wUi  them 
of  the  charge,  &  find,  as  by  a  noate  given  in  by  the  workemen 
appeares,  that  it  will  be  above  80',  beside  some  other  charges 
of  ropes,  vnderpining  the  groundsells,  &  worke  aboute  the 
seates,  &  what  elc  they  cannot  foresee.  Now  the  charge  being 
so  great,  they  were  willing  to  advise  w*h  the  towne  aboute  it, 
to  know  wheither  they  will  have  these  things  done,  and  how 
they  can  pvide  paye  to  discharge  it. 

It  was  propounded  by  some  wheither  it  might  not  be  for- 
borne another  yeare,  the  workmen  were  desired  to  speake  & 
informe  the  court.  William  Andrewes  said  that  he  thought 
it  was  not  safe  to  defer  it  another  yeare,  and  Thomas  Munson 
said  that  he  durst  not  give  counsell  to  deffer  the  repairing  of 
it.  Jno  Basset  propounded  some  other  way  how  it  might  be 
done  and  not  take  awaye  these  pillares  to  put  new  in,  &  allso 
for  less  charge,  whervpon  the  court  ordered  that  the  worke- 
men doe  againe  meete,  viz«i,  William  Andrewes,  Thomas  Mun- 
son, Jervic  Boykin,  Jno  Bassett,  Robert  Bassett  &■  George 
Laremore,  Jonathan  Marsh  &  Thomas  Moris,  &  that  Jn^ 
Wakefeild  keepe  the  mill  till  Geo :  Laremore  attend  this  meet- 
ing &  be  pd  by  y^  towne  for  it.  The  workemen  are  to  con- 
sider wheither  the  house  maye  staye  safely  another  yeare 
w^hout  repaires,  if  not  then  how  it  maye  be  best  done  for  most 
safty  to  the  towne  and  least  charge,  allso  wheither  the  tower 
&  turrett  maye  safely  stand  and  will  not  in  a  short  time  de- 
caye  the  house,  and  if  taken  downe,  then  what  will  be  the 
charge  of  that  and  to  make  the  roofe  tight  &  comely  againe, 
and  when  these  things  are  prepared  tlier  maye  be  another 
court. 

It  was  desired  that  if  any  in  the  court  knew  of  any  place 
wher  their  was  good  trees  for  clapboards,  they  would  informe 
that  they  might  be  for  the  townes  vse.  Sariant  Fowler  a 
Phillip  Leeke  spake  of  some  they  knew  of,  and  Sariant  An- 
drewes was  ordered  to  goe  along  w'h  them  or  any  other  that 
knowes  of  any,  &  sett  the  townes  marke  vpon  such  trees  as  are 
fitt  for  the  townes  vse,  that  no  bodey  elc  may  medle  w^h  them. 


1648]  NEW   HAVEN   COLONY  RECORDS.  425 

It  is  ordered  that  the  court  w^h  Mr.  Evaiic  &  M.  Wakemaii 
audit  the  treasurers  acc^  for  y^  yeere  past. 

The  governer  informed  tlie  court  that  a  while  sine  tlie  ptic- 
ular  court  was  informed  of  a  miscariage  of  Sariant  Munsons, 
tliat  hee  came  to  the  company  &  tooke  awaye  some  men  vpon 
a  trayning  day  morning  to  goe  to  worke  to  Mr.  Davenports  & 
said  he  would  answer  it,  but  he  saith  the  thing  was  not  so, 
therfore  if  any  in  the  towne  can  charge  it  vpon  him  they  are 
desired  to  speake,  if  not  that  then  he  maye  be  cleared  &  men 
be  more  warey  how  they  expresse  themselues,  but  none  spake 
to  charge  him  but  rather  to  cleare  him  &  so  it  was  past  by. 

It  was  desired  that  all  that  have  a  desire  to  have  any  of  y^ 
absent  lotts  would  give  in  their  names  to  y^  secretarie  &  what 
they  doe  desire  &  where. 

[227]  II  It  was  propounded  that  some  course  might  be  setled 
about  an  ordinarie,  William  Andrewes  said  he  was  vnprovided 
&  vnless  the  towne  afforded  him  help  he  could  not  keepe  it. 
It  was  then  said  that  Jno  Herriman  hath  bine  propounded  and 
is  willing,  whervpon  tlie  court  ordered  that  Jno  Herriman  and 
his  wife  keepe  the  ordinary  for  this  towne  till  the  court  see 
cause  to  alter  it. 

William  Andrewes  was  asked  if  he  desired  any  time  to 
keepe  it  still  to  clear  things  of  his  hand,  he  said  no,  but  onely 
libbertie  to  drawe  a  pipe  of  wine  w<=h  he  is  to  have  of  Mr. 
Westerhousen,  w^h  the  court  granted. 

John  Harriman  was  asked  if  he  had  not  drawne  wine 
wt^hout  order.  Mr.  Goodyeare  said  that  they  had  for  him 
drawne  wine  for  the  seamen  w'^hout  order,  but  he  submitts  to 
the  court. 

The  towne  was  informed  that  next  second  day  it  is  appoint- 
ed that  armes  shall  be  viewed  heare  at  the  meeting-house, 
therfor  the  was  wished  to  make  their  appearanc. 


A  Generall  Court  the  8^^  of  January,  1648. 

The  workemen  that  were  desired  last  court  to  view  the 
meeting-house  &  consider  of  the  best  way  how  it  might  be 
64 


426  NEW  HAVEN  COLONY  RECORDS.  [1648 

repaired  for  ye  supporting  of  it,  William  Andrewes  spake  for 
liimselfe  and  the  rest  &  said,  that  they  conceived  that  the  best 
way  was  to  put  in  some  halfe  pillars,  w4i  a  crose  beam  and 
Ijraces  w<=h  should  vphold  the  roofe  and  strengthen  the  house, 
and  so  lett  the  old  pillars  stand  still.  It  was  propounded  by 
some  whether  the  putting  in  of  new  pillars  would  not  be  as 
cheape  and  better,  whervpon  the  workemen  considered  of  it 
againe,  and  againe  delivered  ther  judgments  that  the  best  way 
to  doe  it  was  w^h  halfe  pillars  and  lett  these  as  be  vp  stand, 
whervpon  the  court  ordered  that  it  should  be  so  done.  The 
court  desired  to  know  what  the  charge  would  be,  William 
Andrewes  said  they  had  considered  of  it  &  thought  that  beside 
the  stoning  vnder  the  old  pillars,  they  stoning  vnder  the  new 
worke  they  now  sett  vp,  the  charge  would  be  20'. 

The  treasurer  propounded  that  Aprill  rate  might  be  paid 
beforehand,  but  the  court  was  not  willing  till  the  former 
treasurers  acco^s  was  audited. 

William  Jeanes  was  freed  from  the  court  to  goe  to  mill  for 
the  townes  ocasions. 

Robert  Hill  propounded  to  the  court  that  he  might  be  freed 
from  trayning,  but  the  court  thought  it  not  meete,  but  ordered 
that  he  attend  traynings  as  others  doe  till  some  further  weak- 
ness appeare  vpon  him. 

It  was  propounded  that  wampome  w^h  is  not  goode  might 
goe  at  7  a  penny  and  that  w<^h  is  good  tradeing  wampome  at  6 
a  penny,  but  it  was  respited  to  further  consideration. 

John  Cooppr  acquainted  the  court  that  he  finds  great  diffi- 
cultie  in  viewing  fences,  because  some  are  gone  out  of  towne 
&  others  a  goeing,  &  leave  none  to  take  order  aboute  their 
fences,  (and  the  treasurer  added,  nor  aboute  payeing  rates,) 
wherby  great  damadge  comes,  and  he  knowes  not  whether  to 
goe  to  have  it  helped ;  ther  was  mentioned  Thomas  Fugills 
lott.  Job  Hall,  John  Gregory,  Samuell  Willson,  Thomas  James 
&  some  of  Millford.  The  court  thought  it  worthy  of  consider- 
ation, and  ordered  the  marshall  to  warne  Jobe  Hall  &  Sam- 
uell Willson  to  come  before  the  governer  that  some  order 
might  1)0  taken  w4i  them  before  they  goe,  and  the  secretarie 
had  order  to  wright  to  Thom :  James  &  Jn^  Gregory  &  those 


1648]  NEW   HAVEN    COLONY   RECORDS.  427 

of  Milford  that  haue  lotts  heare,  to  come  &  take  order  aboiite 
ther  fences  &  rates.  William  Bradley  was  to  be  warned  to 
come  &  speake  w'h  the  governer  aboute  Abraham  Smiths  lott, 
and  Allen  Ball  being  pi'sent  said  for  Thomas  Fugills  lott  Mr. 
Evanc  had  order  about  that. 


A  Generall  Court  the  31^1'  of  January,  1648. 

The  Governer  acquainted  the  court  that  the  comitte  they 
appointed  to  dispose  of  the  absent  lotts  have  done  it,  and  now 
(though  they  left  it  wholly  to  the  comitte,)  they  thought  good 
to  acquaint  the  towne  w4i  what  was  done,  that  it  might  be 
entred  vpon  their  heads  whoe  accept  it  &  rates  pd  accordingly, 
&  that  for  the  outland  of  the  second  devission  &  the  meddow 
of  M.  Roes  lott  &  M'''^  Eldreds,  it  is  not  disposed  of,  but  the 
comitte  thinkes  to  dispose  of  it  to  men  fitt  for  farmes  to  gett 
corne  and  breed  catle  for  the  publique  goode.  A  note  how 
the  land  was  disposed  of  was  read  to  the  court  and  approved, 
&  ye  termes  it  is  granted  vpon  is  in  fo:  223. 

Phillip  Leeke  said  he  accepted  not  of  the  six  ac"  allotted  to 
him  out  of  M"s  Eldreds  lott,  and  Joseph  Nash  refussed  three 
ac^  granted  to  him  ther.  Andrew  Loe  desired  the  6  ac'"^ 
Phillip  Leeke  refused,  and  Jno  Vincon  the  three  ac^  Joseph 
Nash  refussed,  and  the  court  granted  them  ther  desire  in  it. 

The  Governer  acquainted  the  court  that  he  heares  notw^li- 
standing  the  order  aboute  fences,  men  take  not  care  to  doe 
what  they  might  to  keepe  them  vp  so  as  to  keepe  catle  out  of 
the  corne,  whervpon  the  court  ordred  as  a  confirmation  of 
their  former  order,  that  those  W^h  haue  had  ther  fence  defect- 
ive before  this  time  be  warned  to  the  next  court,  &  if  it  be  not 
sufficiently  mended  before  y^  next  court  following,  that  then 
they  be  againe  warned  to  y"  court  &  a  more  severe  fine  laid 
vpon  them  for  such  neglect. 

Mathew  Camfeild  desired  the  court  would  grant  him  a  small 
pec  of  meddow  W^h  lyes  at  heitlier  end  of  the  west  meddow, 
ouer  against  the  oyster  bankes,  aboute  two  or  three  ac'^ 

Richard  Beech  desired  a  small  pec  of  meddow  in  a  cove  on 


428  NEW   HAVEN   COLONY  RECORDS.  [1648 

ye  west  side  next  his  owne,  but  it  was  said  in  y«  court  that  it 
is  lotted  out  aUreadie. 

Thomas  Munson,  Jn"  Basset,  Robert  Basset,  William  Peck, 
Thomas  Mitchell  desired  they  miglit  have  some  meddow 
granted  them  out  of  a  pec  W^h  lyes  by  Livtenant  Seelyes, 
neare  y^  blacke  rocke. 

Richard  Milles  desired  that  he  might  have  his  meddowe 
w'=h  lyes  in  sollatary  cove  exchanged  for  so  much  in  Oyster 
River. 

Leivtenant  Seely  and  Jn"  Brocket  were  desired  to  view 
these  severall  pcells  of  meddow  and  report  to  the  court  how 
they  find  them ;  they  are  to  be  pd  for  their  paines  by  them  w^h 
shall  haue  the  meddow  granted  to  them. 
[228]  II  Mr.  Crane  desired  the  court  would  consider  some 
course  that  good  bulls  might  be  bred  and  they  w«=h  breed  them 
might  have  just  consideration  for  them ;  the  towne  was  desired 
to  consider  &  prepare  it  against  next  court. 

John  Livermore  acquainted  the  court  that  he  desired  to 
exchange  his  land  at  the  west  bridge  for  that  granted  him  out 
of  Mr.  Roes  lott,  but  was  told  that  the  land  in  M.  Roes  lott  is 
granted  to  him  vpon  the  condition  as  other  lands  are  granted 
out  of  the  absent  lotts ;  that  is,  if  he  remove  in  five  yeeres  out 
of  the  towne  it  returnes  to  the  towne  againe,  but  for  that  at 
the  west  bridge,  if  he  would  exchange  it  he  should  haue  as 
much  granted  to  him  as  neare  and  convenient.  He  desired  to 
consider  of  it  &  he  would  tell  y^  governer. 

The  towne  was  desired  to  see  they  be  provided  of  ladders, 
elc  they  will  fall  vnder  the  fine. 

Samuell  Whithead  is  appointed  to  goe  w'h  Jn°  Coppr  to 
view  and  judge  of  fences,  w'"h  are  good  &  w«^h  not,  and  to  val- 
lew  &  prise  the  fenc  belonging  to  y*'  absent  lots  what  it  is 
worth  at  pi" sent. 

The  governer  acquainted  the  court  that  the  comittee  they 
appointed  to  dispose  of  the  absent  lotts  (vpon  William  An- 
dreses &  Jno  Coopprs  request,)  desii-ed  Mr.  Crane,  Richard 
Milles  and  Francis  Newman  to  viewe  some  meddowe  one  the 
east  side  W^li  they  desire,  it  lying  neare  ther  vpland,  they  in- 
tending and  Sariant  Beckly  to  goe  to  live  ther.     And  the  said 


1648]  NEW   HAVEN   COLONY  EECORDS.  429 

viewers  informed  the  court  that  ther  is  some  meddow  neare 
ther  land  and  some  further  of,  maye  be  to  y"  quantity  of  40  or 
50  ac's ;  allso  some  vpland  grase,  two  or  three  mile  of  from 
them,  wher  it  maye  be  some  haye  maye  be  cutt,  wi^h  they 
thinke  the  court  maye  grant  w^iout  prejudice  to  them.  But 
because  the  court  would  not  grant  they  knew  not  what,  they 
appointed  Jn"  Brockett  to  goe  w4i  some  of  y'"  W^h  could  show 
him  what  they  desire,  and  take  notice  both  of  the  manner  of 
lying  &  place  &  quantity  &  report  it  to  y^  court. 

Leivtenant  Seely  propounded  to  the  court  that  he  might 
haue  libbertie  to  goe  abroade  if  opportunity  pi'sents,  for  some 
time  to  provide  for  his  family,  though  it  should  for  the  p»sent 
take  him  of  from  performing  his  place  as  he  is  leivtennant,  but 
it  was  respited  to  another  court. 


A  Court  held  at  Newhaven  the  6^^  of  Feburary,  1648. 

John  Herriman  was  called  to  answer  for  drawing  wine  by 
retayle,  before  he  kept  the  ordinary,  wUiout  order.  He  an- 
swered he  did  it  for  Mr.  Goodyere,  but  wherin  he  hath  done 
any  thing  contrary  to  order  he  leaves  himselfe  w4i  the  court ; 
he  was  asked  if  he  did  not  owne  the  thing,  he  said  ther  came 
severall  that  pleaded  necessitie,  and  said  they  could  not  be 
supplyed  elc  wher,  w^h  had  some,  &  he  did  lett  the  seamen 
w^h  worked  aboute  the  shipp  have  some  betwixt  meales,  but 
he  was  told  if  he  would  confess  no  more,  it  might  be  proved 
that  he  sold  out  of  j^  house,  out  of  cases  of  necessitie,  for 
Robert  Bassett  sent  and  had  wine  two  or  three  times,  he  said 
he  knew  not  that  Eobert  Basset  had  any  but  vpon  M.  Good- 
yers  acc°,  but  was  told  yes  for  he  sent  his  money  for  it.  He 
said  he  left  himselfe  w^h  the  court,  but  because  Mr.  Goodyere, 
whoe  is  somewhat  concerned  in  the  thing,  is  not  now  in  court, 
it  was  respited. 

The  court  declared  themselues  that  Jn°  Herriman  paye  his 
fine  of  OS  laid  vpon  him  before  by  this  court  for  not  bringing 
his  armes  to  y^  meeting  one  Lords  day. 

John  Walker,  Jno  Harriman,  William  Andrewes,  Christi- 
pher  Todd,  Mr.  Goodanhouse,  Mr.  Evanc,  Mr.  Westerhousen, 


430  NEW  HAVEN  COLONY  RECORDS.  [1648 

Robert  Hill,  Samiiell  Willson,  Mr.  Attwatter,  James  Russell, 
Thomas  Wheeler,  William  Davis,  M^'s  Gregsoii,  Mr.  Gilbert, 
William  Pecke,  Richard  Mansfeild  &  Edward  Parker  (18  in 
all)  each  of  them  fined  12*1  for  not  bringing  their  waights  & 
measures  to  be  tryed  vpon  the  day  appoynted. 

Samuell  Willson  passeth  ouer  to  Thomas  Powell  his  house, 
home  lott  and  barne,  and  all  the  commonadge  w«=h  belonged 
to  him  by  buying  that  house  of  Edward  Wigelsworth,  w^h  was 
all  but  a  quarter  pt,  w^h  he  sould  to  Jeremiah  Whitnel  before. 

Samuell  Willson  passeth  ouer  to  James  Bishop  6  ac^  of 
land  lying  in  the  Yorkesheire  quarter,  betwixt  the  land  of 
Thomas  Powell  and  Thomas  Wheeler. 

Christipher  Tood  passeth  ouer  to  John  Tompson  the  house 
&  home  lott,  wUi  all  ye  meddow  &  vpland  he  bought  of  Mr. 
Higginson,  excepting  9  ac^  in  y^  o^i  devission  wthin  ye  two 
mile  and  the  comonadge.  The  severall  pcells  he  passeth  is  24 
ac's  in  the  necke,*  1  pec  of  meddow  of  5  ac^,  be  it  more  or 
less,  &  20  ac'"s  in  the  2'^  devission. 

Francis  Browne  passeth  ouer  to  Henry  Glover  10  ac^  of 
land  at  the  plaines,  lying  betwixt  the  land  of  Ralph  Dayton 
&  the  common. 

Edward  Wiggelsworth  passeth  ouer  to  Christopher  Todd 
IQ^  acs  of  meddow  lying  in  ye  east  meddow,  on  this  side 
the  river,  betwixt  the  meddow  of  Mr.  Goodanhousen  eastward, 
&  Thom :  Fugill  westward ;  and  26  ac^  of  vpland  lying 
against  it,  and  foure  ac's  and  a  halfe  in  the  necke. 

Luke  Atkinson  passeth  ouer  to  Richard  Beech  all  his  med- 
dow in  the  west  meddow  beyond  ye  river,  betwixt  Hartford- 
sheire  quarter  &  Richard  Beeches  wives  lott,  w^h  was  Andrew 
Hulls,  one  end  butting  vpon  the  river,  ye  other  end  runnning 
into  the  further  cove. 

John  Moss  passeth  ouer  to  Mathew  Moulthrop  3i  ac'«  of 
vpland  on  ye  west  sid. 

Richard  Beech  passeth  ouer  to  Mathew  Moulthrop  one  aC" 
&  a  halfe  of  meddow  lying,  1  ac''  of  it  in  ye  west  meddow  on 
this  sid  ye  river,  fronts  vpon  Mr.  Lambertons  vpland,  ye  reare 

*  In  the  margin.     "  This  24  ac  is  pt  of  y^  2iii  devision  &  is  but  S''  an  ac  rats." 


1648]  NEW   HAVEN   COLONY   RECORDS.  431 

to  y«  river,  a  highway  through  y"  nieddow  to  y^  north,  Mathew 
Molthrop  on  y^  south,  h  aC"  in  Sollatary  Cove  not  laid  out. 

Mathew  Moulthrop  passeth  ouer  to  Henry  Glover  on  ac  of 
the  same  meddow. 

Mathew  Molthrop  passeth  ouer  to  Richard  Osborne  his 
house,  home  lott  and  barne,  before  the  governor  the  21^^  of 
January  1648. 

[229]  Widdow  Halbich  delivered  into  the  court  an  invento- 
i-ie  of  the  estate  left  by  her  husband,  Arther  Halbich,  deceased, 
amounting  to  43^  14^  10'^,  prised  by  Rogger  Allen  and  Samu- 
ell  Whithead  vpon  oath,  the  Sl^h  of  January  1648. 

Widdow  Tompson,  the  late  wife  of  Anthony  Tompson,  de- 
ceased, being  called  to  give  in  securitie  for  the  portions  given 
to  y^  chilldren  by  her  husbands  will,  doth  in  court  ingage  the 
house,  land  &  whole  estate  left  by  him,  for  securitie. 

William  Basset  whoe  hath  married  the  widdow  of  William 
Ives  deceased,  being  called  to  give  in  securitie  for  y^  portions 
of  the  chilldren,  according  to  the  will  of  William  Ives,  doth 
in  court  ingadge  the  whole  estate  w'-h  was  left  by  him  ye  sd 
William  Ives,  &  will  not  alter  any  of  it  till  he  acquaint  the 
court  w*h  it  &  put  in  as  good  an  estate  as  he  shall  dispose  of. 

Francis  Browne  was  complained  of  for  absenc  at  a  generall 
court.  He  said  he  conceives  it  was  al)oute  the  fery  w'^h  oca- 
sioned  it,  whervpon  the  court  past  it  by. 

Jn°  Cooppr  informed  the  court  that  Mr.  Malbons  quarter 
had  not  marked  ther  fenc,  whervpon  they  was  fined  20%  w^h 
was  after  remitted  by  y  generall  court. 

William  Russells  was  complained  of  for  absenc  at  a  gener- 
erall  court.  He  said  he  was  at  worke  at  y^  shipp,  vpon  w^li 
ground  he  was  freed,  by  a  generall  courts  order. 

Mr.  Leete  &  Mr.  Jordan,  atturneyes  for  y^  towne  of  Guil- 
ford, informed  the  court  that  allmost  a  yeere  agoe  ther  was  a 
sentenc  past  in  this  court  against  Mr.  Jn"  Cefinch,  for  a  soirie 
of  money  due  to  ye  towne  of  Guilford  for  certayne  rates,  w^li 
some  hath  bine  sine  severall  times  demanded,  but  Mr.  Cefinch 
refusseth  to  paye,  whervpon  the  proceedings  of  that  court  was 
reade,  wherin  it  appeared  that  Mr.  Cefinch  for  want  of  proofe 
was  cast  in  his  suit,  but  now  saith  that  he  can  prove  that  that 


432  NEW  HAVEN   COLONY  RECORDS.  [1648 

order  made  at  Guilford,  (mentioned  in  y^  former  court,)  was, 
that  if  any  went  away,  his  accomodations  should  be  left  in  the 
townes  hand  to  paye  all  rates,  and  for  that  purpose  produced 
a  letter  from  Henry  Goldham  of  Guilford,  whoe  testifyeth 
therin  that  the  order  was  that  if  any  man  was  called  to  re- 
move out  of  the  towne,  not  disposing  of  his  accomodations,  it 
should  remaine  in  the  plantations  hand  to  y^  payement  of  all 
rates  in  generall,  till  the  owner  dispose  of  it  other  wayes. 
Further  Mr.  Cefinch  saith  he  hath  other  proofe,  but  produceth 
none. 

Mr.  Leete  &  Mr.  Jordan  replyed  that  it  was  not  so,  but 
onely  for  ministers  mayntainanc  &  that  they  can  prove  abund- 
antly by  the  planters  in  the  towne  whoe  did  make  the  order, 
none  w'hout  two  or  three  desenting,  wherof  Mr.  Cefinch  was 
one.  And  the  ocasion  of  that  meeting  makes  it  appeare,  w=h 
was  not  aboute  towne  rates  but  ministers  maintaynanc,  for  it 
was  when  Mr.  Higginson  was  vpon  comeing  to  Guilford,  he 
desired  to  know  what  certainty  he  should  be  at  for  his  main- 
taynanc, and  desired  the  towne  might  meete  &  consider  of  it, 
so  they  did,  and  after  men  had  vnderwritten  what  they  would 
give,  it  was  propounded  how  this  they  had  vnderwritten  should 
be  paide,  in  case  any  did  remove  out  of  the  plantation.  Mr. 
Leete  answered  for  his  pt  he  was  willing,  in  case  he  did 
remove  out  of  the  towne,  to  leave  his  accomodations  vnder 
the  power  of  the  place  to  make  vse  of  as  they  shall  see  cause, 
to  secure  that  w^h  he  had  vnderwritten ;  and  after,  the  towne 
generally  spake  that  they  was  willing  to  doe  so.  Mr.  Cefinch 
objected  that  the  order  was  not  penned  in  j^  meeting.  Mr. 
Leete  answered  that  it  is  longe  agoe  &  he  cannot  fully  saye  it 
was,  but  the  issue  and  result  of  the  meeting  was  drawne  vp 
and  the  plantation  acquainted  wUi  it  afterward  and  approved 
it.  Mr.  Cafinch  was  told  that  for  want  of  proofe  he  was  cast 
in  the  last  court  and  had  warning  to  provide  it  against  this 
court,  &  yett  it  is  not  done,  therfore  the  court  agreed  & 
ordred  as  before,  that  Mr.  Cefinch  paye  to  the  towne  of  Guil- 
ford the  rates  that  appeare  to  be  justly  due  to  them,  &  that 
he  paye  20^  for  charges  wh  the  plantifFe  hath  bine  at  in  fol- 
lowing the  suit. 


1648]  NEW   HAVEN    COLONY   RECORDS.  438 

Henry  Bishop  was  called,  to  know  whether  he  had  not  dis- 
posed of  some  pt  of  the  corne  wh  was  ingadged  to  Mr.  Dav- 
enport by  the  court  of  magistrats,  he  said  when  he  had 
threshed  about  20  bushells  of  rye  he  came  for  sackes  to  bring 
it  home  but  could  not  haue  them,  wherby  he  suffered  much 
loss,  for  the  farmers  hoggs  &  henns  got  into  y^  barne  &  made 
great  spoyle  of  it.  But  he  was  told  if  the  farmers  haue  done 
him  wrong  they  must  answer  it,  but  Mr.  Davenport,  thoughe 
he  hath  bine  willing  to  provide  what  sackes  he  could,  yett  he 
is  not  tyed  to  find  sackes,  as  appeared  by  the  covenant  w'^h 
was  read. 

Farther,  Mr.  Crane,  one  the  behalfe  of  Mr.  Davenport, 
informed  the  court  that  thcr  is  4^  14^  S^  due  to  Mr.  Davenport 
from  Hen :  Bishop  vpon  acc"'  for  corne,  w^h  Mr.  Davenport 
requircth  in  corne  according  to  his  covenant,  but  Hen :  Bish- 
opc  refuseth. 

Henry  Bishop  saith  that  he  had  offered  wampome  and  that 
was  refused,  after  he  was  to  paye  in  catle  &  Mr.  Crane  and 
Goodman  Milles  came  to  his  house  to  prise  a  steere  for  it,  but 
they  agreed  not  in  y°  price,  then  they  questioned  him  aboute 
two  calues  if  he  was  willing  to  part  w^h  them,  he  said  he  was, 
but  Mr.  Crane  for  Mr.  Davenport  was  willing  if  he  brought 
good  wampome  in  three  weckes  it  should  bo  accepted,  if  not, 
y"  he  was  to  have  the  calues.  Mr.  Crane  replyed  it  was  not 
so;  it  is  true  indeed  that  they  went  to  prise  a  younge  beast  for 
this  money  but  could  not  agree,  and  allso  that  he  said  if  he 
brought  good  merchantable  wampome  in  three  weekes  it  should 
be  accepted,  but  that  if  he  fayled  Mr.  Davenport  should  take 
the  calues  he  denyes  ;  but  because  Hen  :  Bishop  was  to  drive 
awaye  certayne  catle  to  Fairfeild  to  wintering,  wh  stood 
ingadged  to  Mr.  Davenport,  out  of  favour  to  Hen :  Bishop  he 
was  willing  the  two  calues  should  stand  as  ingadged  to  Mr. 
Davenport  for  sccuritie,  but  Henry  Bishop  failing  in  bringing 
the  wampom  to  this  day,  &  now  the  necessites  of  Mr.  Daven- 
ports family  requiring  it,  he  demandcth  it  in  corne,  as  justly 
he  maye,  the  covenant  bindeing  the  farmer  to  paye  to  Mr. 
Davenport  what  shall  be  due  to  him  at  the  end  of  his  time, 
out  of  the  stocke  of  catle  &  out  of  the  corne,  &  of  21i :  4 :  S'', 
55 


434  NEW   HAVEN    COLONY   RECORDS.  [1648 

(twelue  pounds  of  w^li  was  for  corne,)  Mr.  Davenport  liatli 

taken  IC  10^  in  catle  and  requires  the  rest  in  corne,  W^li  he 

conceives  is  a  great  favour  to  the  farmer. 

[230]     Richard  Milles  saith  that  the  two  calues  was  to  stand 

ingadged   for  securitie,  but  was  not  prised  to  satisfye  the 

debte. 

Henry  Bishop  was  asked  if  he  had  any  witnes,  he  produced 
liis  brother  James  Bishop,  whoe  saith  that  he  appi'hended  if 
his  brother  pd  not  the  wampome  in  y^  time  appointed,  that 
then  the  calues  was  to  goe  for  satisfaction  so  farr  as  they 
would  reach,  but  he  could  not  take  oath  of  it.  Hen.  Bishop 
was  asked  if  he  had  any  other  proofe,  he  said  no.  The  court, 
because  3  of  the  deputies  was  some  way  interested  in  the  case, 
and  Mr.  Gibbard  was  not  cleare  in  some  thing,  respited  it  till 
they  might  have  more  help. 

Henry  Bishop  declareth  that  he  hired  a  cannow  of  James 
Russell  for  his  ocasions,  &  Jn^  Moss  and  Isacke  Whithead 
tooke  it  awaye  &  brought  it  not  againe,  but  broke  it,  wherby 
ho  was  damnifyed.  John  Moss  saith  it  is  true  they  tooke  the 
cannow  away,  but  it  was  a  mistake,  for  they  had  spake  to 
Allen  Ball  for  his  cannow,  and  he  told  them  that  if  Mr.  Gil- 
bert had  done  w4i  it  they  might  have  it ;  they  inquired  and  Mr. 
Gilbert  had  done  w^h  it,  so  as  they  was  goeing  vp  the  river  w'h 
the  lighter,  Isacke  Whithead  knowing  wher  Aliens  cannow 
laye,  went  to  fetch  it,  and  when  he  came  to  the  place  ther  was 
two,  and  it  being  in  the  night,  and  darke,  mistooke,  &  did 
take  the  wronge  cannow ;  so  when  morning  came  they  saw 
they  had  mistaken  ;  the  wind  blew  pretty  fresh,  &  the  cannow 
w^h  shering  gott  betwixt  the  banke  and  the  lighter,  &  the 
lighter  fell  foule  on  it  and  brake  it ;  so  when  they  saw  what 
was  done  they  made  inquirie  whose  it  was,  resoluing  to  paye 
for  it,  and  hearing  it  was  James  Russells,  spake  w'h  him  and 
offered  him  satisfaction ;  he  required  that  the  cannow  should 
be  made  as  good  as  she  was,  and  they  did  mend  her,  but  after 
vnderstanding  that  Hen :  Bishop  had  hired  the  cannow,  they 
spake  w4i  him  and  offered  to  paye  for  the  cannow  &  allso  for 
what  damadge  he  had  suffered,  but  he  would  not  accept  it, 
but  said  he  would  haue  it  in  y^^court,  &  yesterday,  after  he 


1648]  NEW   HAVEN    COLONY   RECORDS.  435 

was  warned  to  ye  court,  Isacke  &  he  tooke  Thomas  Meekes  and 
went  to  Henry  Bishop  and  offered  him  as  much,  but  he 
demanded  3<^  a  weeke  ever  sine  y^  cannow  was  taken  away, 
and  that  the  cannow  be  pd  for,  and  10^  for  takeing  it  away  as 
a  breach  of  order. 

Thomas  Meekes  testifyeth  that  he  heard  Jn^  Moss  and  Isacke 
Whithead  offer  Henry  Bishop  to  satisfye  Mr.  Russell  for  the 
cannow  and  give  him  3^  a  weeke  for  his  damadge,  and  for  ye 
10^  for  breach  of  order,  they  see  no  ground  for  it.  Thomas 
Meekes  asked  Henry  Bishop  why  he  would  have  it  to  the 
court,  he  said  onely  for  the  10^.  Henry  Bishop  was  told  by 
the  governor  that  ther  is  no  ground  that  they  should  paye  the 
10%  for  it  was  against  their  wills  they  tooke  it,  the  law  of  God 
requires  no  more  in  higher  cases,  even  in  case  of  blood,  if  the 
will  be  not  in  it  he  shall  not  dye.  The  sentenc  of  the  court 
is  that  the  defendants  make  good  the  cannow  &  paye  jvist  dam- 
adge to  Henry  Bishop,  but  that  Henry  Bishop  beare  the 
charge  of  the  court  himselfe. 

Peeter  Mallery  and  his  wife  was  called  before  the  court  & 
was  charged  wUi  the  sinn  of  vn cleanness  or  fornication,  a  sinn 
w-'h  they  was  told  shutts  out  of  the  kingdome  of  heaven,  w'h- 
out  repentanc,  and  a  sinn  w^h  layes  them  open  to  shame  and 
punishment  in  this  court.  It  is  that  w<^li  the  Holy  Ghost 
brands  w'h  the  name  of  folly,  it  is  that  wherin  men  show 
their  brutislmess,  therfore  as  a  whip  is  for  the  horse  and  asse, 
so  a  rod  is  for  ye  fooles  backe.  They  confessed  ther  sinn, 
and  desired  the  court  to  show  them  mercy  in  respect  of  iher 
bodies,  she  being  weakely,  &  for  ought  is  knowne,  w'h  child, 
and  he  subject  to  distraction,  haueing  sometime  bine  distem- 
pered that  way.  W<=h  things  the  court  considering,  thought  it 
most  meete  to  punish  by  fine  and  not  by  corporall  punishment, 
and  therfore  ordred  that  they  paye  5'  as  a  fine  to  the  towne, 
and  that  they  be  imprisoned  during  the  courts  pleasure,  & 
that  they  be  brought  forth  to  the  place  of  correction  that  they 
maye  be  ashamed  and  that  it  maye  appeare  the  corporall  pun- 
ishment is  remitted  in  respect  of  mercy  to  ther  bodies,  but 
w^h  the  same  hatred  of  the  sinn  as  if  the  correction  was  laide 
onn. 


436  NEW  HAVEN  COLONY  RECORDS.  [1648 

Mr.  Crane  haueing  had  an  attachment  vpon  y^  corne  & 
catle  of  Francis  Hall  to  the  vallew  of  24',  declared  in  court 
that  18'  of  it  was  due  vpon  acct  by  arbitration,  and  40^  was 
due  to  Jno  Whithead  his  servant,  Wh  was  ordrcd  by  this 
court  for  Fran :  Hall  to  paye,  w^h  is  20',  the  other  is  for  secu- 
ritie  till  Francis  Hall  have  done  sundry  repaires  vpon  the 
fiirme,  aboute  houses  and  fences,  &  cut  and  made  some  haye 
w^h  he  hath  ingadged  himselfe  to  doe  next  haye  time,  ther- 
fore  desired  that  sofne  might  be  appointed  by  the  court  to 
prise  the  catle  for  his  satisfaction.  Francis  Hall  desired  it  might 
be  forborne  till  he  had  threshed  out  his  corne,  and  what  he 
makes  not  paye  of  then  to  his  satisfaction,  in  corne  or  porke, 
or  other  good  paye,  he  is  content  it  should  goe  this  waye.  It 
was  propounded  to  Mr.  Crane  &  Francis  Hall  if  they  were 
both  willing  that  the  catle  should  be  prised  to  the  vallew  of 
20',  and  if  in  a  monthes  time  Francis  Hall  doe  paye  in  corne 
or  wampom  or  porke  w^h  is  currant  &  merchantable,  such  as 
maye  be  pd  to  other  men,  then  the  catle  to  be  released,  Fran- 
cis Hall  payeing  for  the  keepeing  Of  them  if  he  redeeme  them, 
and  for  the  rest  of  the  attachment,  that  it  stand  till  other 
things  be  cleared.  And  they  both  declared  themselues  wil- 
ling, and  the  court  appoynted  Richard  Milles*  &  Francis  New- 
man to  prise  the  catle  &  that  to  y*^  vallew  of  21',  for  20*^  w^h 
Francis  Hall  was  fined  to  the  towne  was  by  both  ther  consents 
added,  &  Mr.  Crane  is  to  paye  it  to  y^  toAvne  againe. 

John  Livermore,  Hen:  Gibbons,  &  M^'s  Rotherford,  Addam 
Nickholes,  the  Yorkesheire  quarter  &  divers  w^h  rent  ground 
in  Mr.  Evanc  his  lott,  were  fined  for  neglect  of  ther  fences,  but 
it  was  remitted  by  the  generall  court  alterwards. 

Mr.  Crane  and  Francis  Newman  were  desired  to  call  some 
workemen  to  them,  and  they  together  to  view  Robert  Parsons 
house  what  repaires  it  wants  to  make  it  tennantable,  and  wliat 
it  is  worth  a  yeere  to  lett,  that  William  Pecke,  if  they  can 
agree,  maye  hire  it,  the  repaires  being  pd  out  of  the  rent. 

Mr.  Evanc  being  called  to  answer  concerning  Thomas  Fu- 
gills  lott,  whose  fenc  is  downe,  answered  tliat  he  had  nothing 
to  doe  w'h  it  in  that  kind,  for  Mr.  Cockerill  gave  Mr.  Leach  a 


1648]  NEW   HAVEN   COLONY  EECOKDS.  437 

letter  of  atturney  to  receive  it  into  his  hand,  &  he  hath  deliv- 
ered it  vp,  wrightings  and  all,  to  him. 

[231]  II  Mr.  Pell  was  warned  to  this  court  <fe  Mr.  Powell 
appeared  for  him,  and  said  that  his  vrgent  ocasions  felPout  so 
that  he  could  not  appeare  himselfe,  but  he  submitts  to  the 
court.  He  was  told  that  this  cariage  hath  bine  full  of  highe 
contempt,  (on  Mr.  Pells  pt,)  against  the  court,  w^h  he  must 
answer.  For  he  hath  neither  brought  in  his  fine  nor  appeared, 
thouglie  he  hath  bine  warned  to  doe  it.- 

Richard  Mansfeild,  John  Tompson,  Andrew  Loe  was  com- 
plained of  for  ther  fenc  lying  downe  the  most  pt  of  the  last 
sumer,  &  yett  it  is  not  vp,  20  post.  Rich.  Mansfeild,  12  post, 
Andrew  Loe,  6  post,  Jn^  Tompson,  as  Jn"  Cooppr  informes. 
They  answered  that  it  was  a  midle  fenc,  &  some  of  the  quar- 
ter was  in  demurr  for  some  time  wheither  to  haue  it  main- 
tayned  or  taken  awaye,  vpon  w^h  consideration  the  court 
ordered  that  they  paye  but  12^^  a  post  for  j^  whole  time  past. 

John  Meggs  desired  the  court  to  forbearo  his  two  lines  of 
20^  apece  he  hath  bine  fined  by  this  court.  The  court  told 
hime  they  would  give  him  6  monthes  time  if  he  could  put  in 
securitie. 

James  Till  allso  being  warned  to  show  cause  why  he  pd  not 
his  fine  of  40^  laid  vpon  him  for  sundry  miscarriadges,  specially 
for  contempt  of  the  court,  desired  the  court  to  forbeare  it  six 
monthes.  He  was  told  if  he  put  in  securitie  it  should,  elc  the 
marshall  must  attach  for  it,  but  for  securitie  Jno  Tompson 
ingadgeth  himselfe  for  45^  to  see  it  pd  in  that  time ;  the  five 
shillings  is  for  another  fine  now  laid  vpon  James  for  leaning 
open  a  length  of  rayles  into  a  corne  feild. 

An  inventorie  of  the  estate  of  Lawranc  Watts*  deceased  was 

*  "  An  Inventory  of  the  goodes  of  Lawrance  Watts  taken  and  apprised  the  31'''  of. 
January,  1644." 

Sum  £8,  1,  11. 

A  debt  of  Addam  Nickholes  £0,  4,  a  debte  of  Srjant  Becklyes  £0,  2. 

Debtes  pd  for  him  out  of  this  estate.  To  Thorn  Gregson  £0,  11,  6.  To  John  Dil- 
lingham £1,  12,  6.  To  Goodman  Hitchcocke  £0,  4.  To  Luke  Atkinson,  £0,  18,  7. 
To  Goddman  Budd  £0,  10.     To  Allen  Ball  £0,  2,  6, 

Goodman  Tharp  had  of  theise  goods  £0,  5,  6.  Goodman  Kimberly,  Browne  & 
Tharp  had  of  theise  goods  £2,  6,  1.  The  rest  which  £1,  11,  3,— 23'^  was  lost  in 
the  goods;  the  rest  which  is  29"  4'',  I  am  to  paye.    Thomas  Gregson. 


438  NEW  HAVEN   COLONY  RECORDS.  [1648 

p'^sented  in  court,  amounting  to  ^  vnder  tlie  hand  of 
Mr.  Thomas  Gregson. 

Edmund  Tooly  whoe  layes  some  claime  to  y^  estate,  p^'sented 
Samuell  Hodgkines  for  a  witnes,  whoe  testifjes  that  he  heard 
Lawranc  Watts  saye  that  if  Edmund  Tooly  caried  himselfe 
well,  he  thought  to  leave  what  estate  he  had  w'h  him,  if  y*^ 
Lord  tooke  him  awaye  before  Edmund. 

Mr.  Theophilus  Eaton  one  behalfe  of  his  brother  Mr.  Sam- 
uell Eaton,  passeth  ouer  to  Francis  Newman  the  houses,  home 
lote  w^h  all  accomodations  &  fences  belonging  to  it  w^h  was 
M.  Samuell  Batons  lott,  given  him  by  the  towne  at  first. 

Mr.  Evanc  propounded  to  y^  court  that  the  fine  of  40^  laid 
vpon  William  Badgard  for  his  disorder  might  be  remitted,  for 
thoughe  he  vndertooke  to  paye  it,  yett  he  is  now  runn  awaye 
in  his  and  the  rest  of  the  owners  debts,  but  the  court  did 
nothing  in  it. 


A  Court  held  at  Newhauen  the  6^^  of  March,  1648. 

Mr.  Crane  and  Francis  Newman  informed  the  court  that 
they  had  according  to  the  courts  desire  called  in  William 
Andrewcs  to  them,  &  that  they  together  have  considered  of 
Robert  Parsons  house,  and  find  that  ther  wants  divers  rcpaires, 
but  tliinke  that  a  yeers  rent  maye  make  it  tennantable  for  a 
while;  they  thinke  the  rent  maye  be  60^  a  yeere.  William 
I*ecke  whoe  was  to  hire  it  said  it  was  too  deare,  but  yett  was 
willing  to  take  it  &  did,  vpon  condition  that  he  repaire  it  out 
of  j^  rent,  &  keepe  acc°S  that  if  he  expend  it  not  all,  he  maye 
then  make  it  vp,  but  hath  not  libbertie  to  goe  beyonde  the 
rent,  &  if  the  court  hears  of  none  in  y^  compass  of  this  yeere 
that  layes  claime  to  the  estate,  they  will  then  consider  of  it 
againe. 

William  Andrewcs  was  desired  to  joyne  w^h  Thom :  Mun- 
son  &  Jervice  Boykine  to  prise  the  house  and  lott  of  Robert 
Preston. 

Debts  owing  to  Lawraiice  Watts.  George  Ward  £1,  12,  6.  Edmund  Tooly  £2, 
19,  2.  Goodman  Booth,  Mr.  Fugill,  Mr.  Ling  £0,  2,  6.  Goodman  Mansfield,  Good- 
man Chapman  £0,  2. 

"  Mr.  Evance  had  the  originall  inventory  and  saith  he  cannot  finde  it." 


1648]  •        NEW   HAVEN   COLONY  EECOEDS.  439 

Mary  Preston  widdow  delivered  into  the  court  the  will  and 
inventoric  of  John  Hunter  deceased;*  the  will  made  the  16^^ 
of  Maye,  1648,  witnessed  by  his  owne  hand  and  scale,  and 
Ezekiel  Chever  and  Robert  Pigg ;  the  inventorie  amounting  to 
161:  04s :  08'',  prised  by  Thomas  Munson  &  Thorn:  Kimberly 
vpon  oath  for  y^  valew  of  y<^  goods,  and  by  ye  oath  of  Mary 
Preston  y®  executrix  for  y^  quanteite.f 

Mr.  Newmans  quarters  was  fined  20«  for  not  markeing 
their  fences  in  time,  but  after  remitted  by  j°  generall  court. 

Mr.  Leach  desired  of  the  court  that  an  end  and  issue  might 
be  put  to  a  cause  depending  in  this  court  betwixt  the  estate 
of  Robert  Parsons  and  himselfe,  w^h  it  seemes  for  want  of  full 
proofe  could  not  then  be  issued.  The  proceedings  of  that 
former  court  were  read,  and  Mr.  Leach  now  delivered  into  y^ 
court  a  bill  vnder  Robert  Parsons  hand,  wherin  it  appeareth 
that  Robert  Parsons  received  of  Mr.  Leach  goods  to  the  vallew 
of  611  to  carie  to  the  Barbadoes  &  sell  &  to  returne  halfe  the 
profitt  &  the  principall  to  Mr.  Leach,  and  to  have  the  other 
halfe  of  the  profitt  himselfe,  and  what  he  cannot  sell,  to 
returne  to  M.  Leach  againe.  Mr.  Leach  said  that  he  had 
received  so  much  of  the  goods  backe  againe  as  came  to  26' : 
10%  and  752'  of  cotton  woole  at  lO^i  p  ',  w^h  comes  to  31' : 
06s :  QSd^  Q^it  of  w^h  he  pd  5'  for  fraight  of  the  cotton  woole 
from  Barbadoes  heither.  And  he  conceives  that  by  his  bill 
he  is  to  have  his  principall  made  good  heare,  w'hout  payeing 
fraight.  Mr.  Leach  was  told  that  ther  is  8'  worth  of  this 
goods,  as  a  handkercher,  cuffe  &  brest  pec,  W^h  Robert  Par- 
sons was  to  sell  as  he  saw  meete,  &  is  not  tyed  to  make  the 
principall  good,  and  possibly  he  sold  not  that  for  so  much  by 

*  Last  will  of  John  Hunter,  made  May  15,  1648. 

He  gives  to  Sarah,  wife  of  William  Meaker,  twenty  shillings ;  to  Peter  Mallory,  his 
best  jacket ;  all  the  rest  of  his  estate  to  Mary  Preston,  widdow,  late  wife  of  William 
Preston,  deceased,  and  makes  her  sole  executrix.  "  Sealed  and  declared  to  be  the  last 
will  and  testament  of  John  Hunter,  in  the  presence  of  Ezekiel  Cheever,  Robert  Pigo-. 

Inventory  taken  by  Thomas  Munson  and  Thomas  Kimberly;  amount,  £19,  11,  1. 
Estate  Dr.  to  Mr.  Peirse  10^,  to  Mathew  Gunnill  3^,  to  Richard  Beckly  8",  to  Mr.  Pell 
£1,  charges  in  his  sickness,  coffin  and  burying  £1,  to  Thom.  Powell  £0, 1,  4,  to  Adam 
Nickhols  £0, 1,  3,  to  Richard  Mansfeild  £0, 1,  2,  to  Mr.  Goodanhouse  3^ 

t  In  the  margin.  "Ezekiel!  Chever  and  Ro:  Pig  tooke  oath  y^  4iii  Septem.  1649 
that  y«  will  now  pi'sented  isy'^  last  will  and  testament  of  Jn°  Hunter." 


440  NEW   HAVEN   COLONY   RECORDS.     ,  [1648 

a  good  deale,  so  that  if  that  be  rated  at  S^,  he  hath  his  princi- 
pal! aUreadie,  all  but  3^ :  4*^. 

The  court  considered  the  case,  as  it  hath  bine  p^sented  to 
them  now  and  before,  &  ordred  that  Mr.  Leach  haue  out  of 
Robert  Parsons  estate  5^,  w^h  he  pd  for  fraight  of  the  woole, 
and  allso  the  charges  of  the  court,  and  if  he  can  heareafter 
prove  that  Parsons  sold  the  handkercher,  cuffe,  &  brest  pece, 
for  more  then  5',  it  should  be  made  good  out  of  Ro:  Parsons 
estate.  Mr.  Leach  moved  for  execution,  but  the  court  was  not 
willing  to  grant  it  so  sudenly,  but  told  him  j^  estate  should 
not  be  disposed  of  to  his  loss. 

Thomas  Fugill,  as  appeares  by  a  noate  vndcr  his  hand, 
passeth  ouer  to  Francis  Hall  7  ac^'^  &  a  halfe  of  land,  lying 
w^hout  side  of  the  Yorkesheire  quarter,  next  the  West  River, 
the  meddow  being  on  y«=  on  side  of  it. 

Francis  Hall  passeth  ouer  to  Jn"  Meggs  the  same  7  ac '^  &  a 
halfe  of  land,  be  it  more  or  less. 

Mr.  Crane  haueing  before  the  last  court  had  an  attachment 
vpon  ye  corne  and  catlc  of  Francis  Hall  for  a  debt  of  24',  whcr- 
of  21' :  1 :  11''  appeared  then  cleare  to  j^  court,  for  w^h  catlc 
was  prised  by  men  appointed,  and  is  now  condemned  in  court, 
onely  Francis  Hall  excepts  against  6«  in  Jn"  Knights  ace"*, 
w«=h  Mr.  Crane  promiseth  to  allow  backe,  and  the  rest  of  the 
attachment  stands  till  other  differences  be  cleared  betwixt 
them. 

[232]  II  Mr.  Goodyere  declared  to  the  court  that  that  wh 
Jn°  Herriman  was  questioned  for  last  court,  in  drawing  wine 
w^hout  order,  was  occasioned  by  him,  for  when  the  ship  car- 
penters came  from  the  Baye  to  worke  vpon  the  shipp,  they 
required  wine  to  ther  diet,  w^h  he  was  faine  to  pvide  at  his 
greate  charge.  Towards  the  latter  end  of  ther  being  ther, 
William  Andrewes  prest  to  leave  the  ordinary,  and  proposi- 
tions was  made  to  J  n"  Herriman  in  the  court  to  kcepe  it,  and 
then  William  Andrewes  being  w'^hout  wine,  some  did  come  to 
Jno  Herrimans  &  prest  to  haue  some,  pleading  necessitie,  vpon 
W^h  he  spake  to  the  governor,  telling  him  how  people  pressed 
for  wine  for  ther  necessitie,  he  said  why  doth  he  not  lett  them 
have  it,  intending  to  have  him  take  vpon  him  the  ordinary  & 


1648]  NEW   HAVEN   COLONY  RECORDS.  441 

SO  lett  them  haue  it  in  an  orderly  waye,  but  he  vnderstood  it 
not  so,  but  that  was  his  error,  for  he  told  them  what  the  gov- 
ernor said,  and  after  they  did  lett  some  folkes  haue  some,  but 
for  any  disorder,  he  hopes  none  can  saye  tlier  was  any. 

The  gouerner  said  that  it  is  a  breach  of  order  is  cleare,  and 
for  his  pt,  he  neuer  intended  any  thing  but  that  he  should  lett 
people  haue  wine  orderly,  but  for  any  disorder  he  heard  of 
none. 

The  court  considering  that  it  is  a  breach  of  order  &  that  for 
W^h  others  haue  bine  fined,  could  not  pass  it  by,  but  ordred 
that  Mr.  Goodyere  paye  to  the  towne  as  a  fine  fo  this  breach 
of  order  40^". 

William  Basset  was  complained  of  for  absenc  at  two  gen- 
erall  courts,  he  said  for  the  one,  he  was  keeping  cowes,  for  the 
other,  his  wife  was  not  well  &  he  was  faine  to  staye  w^h  her. 
For  both  the  court  past  it  w^hout  a  fine,  but  ordred  him  to 
paye  a  fine  of  2^:  6^,  laid  by  this  court  for  not  bringing  his 
armes  to  meeting  one  Lords  day. 

Mr.  Leach  declareth  that  he  sold  to  Mr.  Joshua  Atwater  in 
July  last,  goods  to  the  vallew  of  20^,  to  be  paide  in  good  wam- 
pome,  wh  Mr.  Atwater  hath  not  yett  done,  therfore  desires 
the  justice  of  this  court. 

Mr.  Atwater  answered  that  it  is  true,  he  bought  20'  worth  of 
goods  of  Mr.  Leach,  and  promised  to  paye  him  in  good  wam- 
pome,  and  propounded  6  monethes  time,  but  intended  to  paye 
in  three,  and  when  he  went  into  the  Baye  in  August,  he  mett 
Mr.  Leach  as  he  was  goeing  aboard  and  told  him  that  so  soone 
as  he  returned  frome  the  Baye  he  would  paye  hime,  against  Wh 
he  objected  not  but  seemed  to  be  satisfyed,  and  so  soone  as  he 
came  home  he  applyed  himselfe  to  it,  but  Mr.  Leach  was  not 
at  home,  but  in  y^  meane  time  Mr.  Gilbert,  Mr.  Powell  &  Jn" 
Walker  came  to  him  for  severall  goods,  Mr.  Powell  4  or  5' 
worth,  Mr.  Gilbert  12'  worth,  Jn^  Walker  foure  pounds  worth, 
and  they  all  said  they  were  to  receive  good  wampome  of  M. 
Leach,  and  they  would  sett  it  of  wUi  him  when  he  came  home, 
so  they  had  the  goods,  &  when  Mr.  Leach  came  home,  he  went 
to  him  &  told  him  that  there  was  so  much  as  would  paye  him 
in  such  mens  hands,  w^h  said  he  owed  it  them,  so  he  might 
5(3 


442  NEW   HAVEN   COLONY  RECORDS.  [1648 

take  it  so  and  save  a  telling  y^  wampom,  but  he  refussed  and 
said  he  would  paye  his  owne  debts  and  he  should  paye  his,  so 
he  returned  to  them  againe  and  told  them  how  it  was,  at  W^h 
they  marveled  and  after  demanded  ther  wampome  of  M. 
Leach,  w^h  was  not  all  pd  till  w'hin  this  tenn  dayes.  And  as 
they  received  it  in  paprs  readie  told  they  brought  it  to  him  & 
so  he  carried  it  to  Mr.  Leach  p''sently,  but  he  refussed  to 
receive  it.  Now  this  he  conceives  is  not  just,  that  he  should 
paye  yt  for  good  wamppome  w'^h  he  will  not  receive  for  good 
wamppome  againe,  when  as  the  partyes  told  hime  that  they  was 
to  paye  it  him  y  sd  M.  Atwater,  &  that  he  would  bring  it  to 
him  againe.  And  Mr.  Gilbert,  Mr.  Powell  &  Jn"  Walker 
offered  to  take  oath  that  y^  wamppone  they  received  of  Mr. 
Leach  they  carried  to  Mr.  Attwater,  and  Mr.  Attwater  offered 
to  take  oathe  that  the  wampome  he  received  of  them  he  carried 
to  Mr.  Leach  &  he  refussed  it,  but  M.  Leach  desired  it  not, 
but  said  he  was  satisfied  w^hout  oath. 

Mr.  Leach  replyed,  he  gave  not  6  monethes  time  nor  three 
monethes  neither  for  payement,  but  his  paye  was  due  p^^sently, 
yett  did  not  stand  vpon  it  for  5  or  6  weekes  time,  therfore  he 
conceives  he  should  haue  damadge  for  being  wt^hout  his  money 
so  longe. 

The  court  told  Mr.  Leach  that  till  Mr.  Attwater  returned 
from  the  Baye  he  was  willing  to  staye,  (he  said  he  had  rather 
liaue  had  it,)  and  if  he  demands  damadge  since,  by  the  same 
reason  they  wh  he  owed  it  too  maye  require  damadge  of  him, 
&  it  is  but  4  months  time  at  most.  Mr.  Atwater  said  he  had 
offered  Mr.  Leach  his  paye  &  what  just  damadge  he  could 
require,  &  M^s  Pell  could  testifye  it. 

Both  ptyes  haveing  spoken  what  they  desired,  the  court 
proceeded  to  sentenc,  &  ordered  y'  seeing  Mr.  Leach  pd  the 
wamppome  for  good,  he  should  so  receive  it  againe,  and  that 
Mr.  Attwater  paye  Mr.  Leach  for  damadge  for  20i  for  4 
monthes,  after  10^  in  the  lOQi,  w^h  is  IS^ :  4*^,  and  the  charges 
of  the  court,  vnless  he  can  prove  that  he  offered  just  damadge 
before,  &  then  Mr.  Leach  is  to  beare  it,  because  he  had  as 
much  offered  w^hout  the  court  as  he  could  in  reason  require. 

Jno  Meggs  informed  the  court  that  Daniell  Turner  came  to 
hime  for  a  paire  of  sliooes  &  had  them,  and  promised  him  a 


1648]  NEW  HAVEN  COLONY  EECOEDS.  443 

biisliell  of  corne  w"^h  Richard  Webb  owed  him,  he  required  a 
noate  vnder  Richard  Webbs  hand,  Daniell  brought  him  one  & 
told  him  the  corne  was  at  mill,  so  he  sent  for  it  and  had  it ;  the 
day  after  Richard  Webb  came  to  him  to  know  by  what  right 
he  fetched  his  corne  from  the  mill,  he  said  by  his  owne  order 
as  appeared  liy  his  owne  hand,  he  asked  to  see  it  &  he  showed 
it  him,  he  said  it  was  not  his  noate,  he  gave  him  a  bill  indeed 
for  widdow  Allen  but  this  was  a  counterfit,  so  he  required 
paye  for  his  corne  &  had  it,  &  left  him  to  recover  it  of  Daniell 
as  he  could.  Further  Jn^  Meggs  saith  that  Daniell  hath  writt 
8  or  4  severall  bills  for  this  corne  w^h  was  p'sented  &  showne 
in  court. 

Daniell  said  he  had  a  noate  of  Richard  AVebb  to  fetch  a 
bushell  of  corne  at  mill,  w^li  bushell  of  meale  he  gave  to 
Good  wife  Allen  &  the  noate  to  fetch  it,  but  she  could  not  gctt 
any  bodie  to  fetch  it  &  gave  him  y^  noate  againe,  <fe  he  lost  it, 
&  after  thought  to  dispose  of  the  corne  to  Jn°  Meggs  and  writt 
another  noate  &  gave  him,  and  sent  Goodwife  Allen  word  she 
could  not  haue  the  corne,  but  was  told  that  it  was  not  in  his 
power  to  dispose  of,  haueing  given  it  awaye ;  and  it  is  true  she 
gave  him  y*'  noate  againe,  but  it  was  to  fetch  the  meale  for  her 
&  to  be  pd  for  fetching  it,  and  therfore  after  to  dispose  of  it 
againe  by  a  false  &  counterfit  note  seemed  to  be  a  cheating 
cousining  way. 

Farther  Jn"  Megs  said  that  Daniell  Turner  charged  Rich- 
ard Webb  for  wrighting  a  noate  and  then  deneying  his  hand, 
and  Goodwife  Allen  that  she  found  the  note  &  demanded  the 
corne,  which  are  both  vntrue  &  vnjust  charges. 
[233]  II  The  court  considered  the  case  as  it  hath  bine 
P'sented  to  them,  &  thoughe  they  see  a  stronge  appearanc  of  a 
cheating  cousening  carriage  in  Daniell  Turner,  yett  not  being 
fully  proved,  past  it  by,  but  for  wrighting  false  notes  &  vnjust 
charges  vpon  Richard  Webb  &  Goodwife  Allen,  &  much  lying- 
in  this  buisenes,  &  even  now  before  the  court,  did  order  that 
hee  paye  as  a  fine  to  y^  towne  twenty  shillings,  and  8^  to  Jn" 
Megs  for  costs  &  charges,  &  3^  w^h  he  p'i  Richard  Webb  for  y^ 
bushell  of  meale,  and  3^  to  Richard  Webb  for  two  dayes  time 
he  hath  spent  now  at  the  court,  and  that  he  put  in  securitie 
for  it  all  before  he  goe  out  of  y^'  marshalls  hand.     Accordingly 


444  NEW  HAVEN   COLONY  RECORDS.  [1648 

Jeremiah  Jiidson  of  Stratford  became  suretie  for  the  payement 
of  it  all,  w^h  is  34^. 

Jno  Livermore,  widdow  Tompson,  Mr.  Jeaiies,  Mr.  Cefinch, 
Jiio  Walker,  William  Holt,  Jiio  Wakefeild,  William  Gibbons, 
Jeremiah  How,  was  complained  of  for  ther  fenc  being  downe, 
they  was  all  ordered  to  mend  y'»  vp  &  paye  to  Jn°  Cooppr 
what  is  due  to  him,  &  for  ye  fines  to  y^  towne  the  court  respits 
that. 

William  Jeanes  passeth  ouer  to  Jn"  Meggs,  his  house  & 
home  lott,  lying  at  the  corner  ouer  against  Mr.  Gregsons,  be- 
twixt the  house  lott  of  John  Budd  &  the  highewaye. 

Mr.  Goodyere  being  called  by  the  court  to  give  in  securitie 
for  the  portions  of  his  wiues  chilldren,  desired  libbertie  till  the 
next  court,  w^h  was  granted. 

Allen  Balle  was  warned  to  the  court  aboute  Thomas  Fugills 
fenc  &  rates,  for  Mr.  Leach  whoe  had  a  letter  of  atturney  from 
Mr.  Cockerill  would  not  medle  w'li  it,  as  appeared  by  a  note 
vnder  his  hand  now  p''sented  in  court.  It  was  propounded  to 
Allen  Ball  if  he  would  not  be  willing  to  take  the  house  and 
land  &  improve  them  for  defraying  charges  of  rates  and  fenc- 
ings ;  he  said  that  the  house  was  vncomfortable  to  live  in  be- 
cause of  the  chimney  and  the  sellar  is  falling  downe,  that 
workemen  saye  it  will  cost  20'  to  sett  it  in  repaire,  therfore  he 
thinkes  it  is  the  best  way  to  take  downe  the  ptitions  w^hin  & 
make  a  barne  of  it,  &  if  ther  be  cause,  it  maye  be  removed  of 
the  sellar.  For  the  land  he  is  willing  vpon  equall  termes  as 
things  goe,  to  take  some  of  it.  The  court  desired  Mr.  Wake- 
man  &  Richard  Milles  to  call  in  William  Andrewes  and  Jervic 
Boykine,  &  view  and  consider  of  the  house,  what  had  best  to  be 
done  wt^h  it,  and  that  they  consider  of  the  land  what  rent  it 
may  yeild,  as  things  are  ordinarily  lett,  that  so  both  house 
and  land  if  it  may  be,  may  be  disposed  of. 

Mr.  Crane  &  Jn°  Cooppr  were  allso  desired  to  view  &  con- 
sider of  Jeremiah  Dicksons  lott,  and  if  it  maye  be,  lett  it  out 
for  payeing  rates  &  vpholding  fences. 


1648]  NEW   HAVEN   COLONY  RECORDS.  445 

A  Generall  Court  the  lOt^''  op  March,  1648. 

The  Goiierncr  acquainted  the  court  that  he  hearcs  ther  is 
great  remisnes  &  neglect  in  setting  vp  fences  according  to  the 
order  made  in  Nouember  last,  so  that  Jn^  Cooppr  wh  they 
appointed  to  view  fences  hath  done  it,  hut  w^hout  any  success 
that  is  considerable,  &  so  it  will  be  vnless  ther  be  some  stricter 
order  made,  wherby  the  fines  laid  by  the  pticulcr  court  maye 
be  pd  wUiout  delaye,  and  that  Jn°  Cooppr  maye  be  surely  pd 
for  his  time  of  warning  men  of  ther  fences,  &  for  his  attendanc 
at  the  court,  for  men  make  excuses  &  so  necesarily  occasion 
his  being  ther. 

The  court  considered  of  what  was  propounded,  as  allso  of 
what  orders  they  formerly  made,  both  concerning  swine  and 
fences,  and  see  no  cause  at  pi'sent  to  alter  them,  but  to  con- 
firme  them  w'h  this  addition,  that  when  catle  are  found  in 
corno  or  elcwher,  doeing  damadge,  the  owner  of  the  catle  shall 
paye  both  poundage  &  damadge,  and  to  looke  out  the  fenc 
whcr  they  might  come  in,  &  the  first  he  finds,  to  laye  it  ther 
and  looke  no  further,  but  he  that  oweth  that  first  defective 
fenc  to  search  out  for  more  if  ther  be  any,  w^h  is  all  to  beare 
pt,  equally  alike. 

It  was  propounded  wlieither  the  court  would  not  remitt  the 
fines  w^li  have  bine  laid  vpon  psons  whose  fenc  hath  fallen 
downe  this  winter  &  so  could  not  be  sett  vp  againc  because 
of  the  frost,  and  allso  the  fines  for  not  markeing  fences.  The 
court  considered  it  and  ordred  that  what  fines  have  bine  laid 
vpon  any  man  for  his  fenc  being  downe,  if  it  hath  fallen 
downe  since  the  20"^''  of  Nouember  last,  it  sliould  be  remitted, 
as  allso  the  fines  for  fence  not  being  marked,  provided  that 
just  damadge  be  pd  to  them  that  have  suffered  by  it,  and  that 
Jno  Cooppr  be  duely  pd  what  is  his  right  to  have,  and  that 
from  this  day  the  order  be  strictly  attended,  both  in  markeing 
&  mending  fences. 

It  is  ordred  that  if  any  man  be  fined  for  breach  of  order  & 
doe  not  paye  the  fine,  (it  being  demanded,)  before  the  next 
court  after  the  fine  is  laid,  or  bring  his  money  to  the  court 
and  laye  it  downe,  he  must  looke  for  no  more  warning,  but 
that  then  execution  p'sently  goe  forth  to  seaze  pt  of  his  estate 


446  NEW  HAVEN  COLONY  RECORDS.         [1648 

for  it ;  and  for  what  belongs  to  Jno  Cooppr,  either  for  pound- 
age or  warning  abont  fences,  if  it  be  not  pd  at  first  demand, 
or  before  the  next  court  following,  that  then  the  marshall 
warne  them  to  the  court,  &  to  have  4"^  for  warning  y'",  w^h  is 
to  goe,  2'^  to  Jn"  Cooppr  &  2'^  to  himselfe,  and  that  the  court 
increase  the  some  to  Jn^  Coopprs  advantage  as  they  shall 
judge  meete,  and  thoughe  they  should  paye  the  marshall 
when  he  goes  to  warne  them,  yett  they  must  paye  the  4^'  for 
warning  because  they  delayed  so  longe. 

It  is  ordred  that  for  what  blacke  birds  Jn^  Brocket  or  others 
kill,  he  or  they  applying  themselues  tlierto,  shall  receive  from 
the  treasurer  after  y  rate  of  10^  a  thousand. 

It  is  ordred  that  whosoever  shall  sell  nailesin  this  townc  shall 
sell  six  score  to  y^  hundred. 

The  order  made  at  the  jurisdiction  generall  court  for 
markeing  catle  was  reade. 

It  is  ordered  that  whatsoeuer  dry  catle,  as  oxen,  stceres,  or 
younger  catle,  shall  be  found  w^hin  the  cowes  walke,  or 
amounge  the  beards,  the  owner  of  them  shall  paye  S''  a  head 
to  him  yt  pounds  them,  or  complaines  to  the  owner  of  them,  or 
bringeth  them  home. 

[234]  II  William  Andrewes,  Jn"  Cooppr,  Richard  Beckly, 
Nathaniel  Merriman  &  Isacke  Whithead  desired  that  they 
might  haue  some  land  &  meddowe  to  sett  vp  farmes  one  the 
east  side,  next  the  sea,  beyond  the  Cove  River.  Mr  Crane 
and  the  farmers  ther  objected  against  it,  whervpon  the  court 
appointed  Leivtennant  Scely,  Henry  Lendall  &  Francis  New- 
man, as  a  comittee  to  view  and  consider  wheither  it  would 
prejudice  the  farmes  ther  allreadie  or  no,  &  so  to  make  re- 
port to  the  court,  &  if  any  of  the  farmers  will  goe  to  make 
ther  objections  they  maye. 

It  was  ordred  that  the  pec  of  meddowe  on  y^  further  side 
of  y^  necke  bridge  towards  the  sea,  should  be  for  the  ordinary 
to  put  in  strangers  horses  in  the  summer,  Jn*^  Herriman,  whoe 
now  keepes  the  ordinary,  fencing  it  at  his  owne  charge,  and 
that  a  pec  of  meddow  lying  by  the  blacke  rocke,  next  Leiv- 
tennant Seelys  meddow,  being  supposed  to  be  6  or  7  aC^ 
should  be  for  the  ordinary  to  provide  haye  for  strangers  horses 
in  winter,  and  this  to  stand  till  the  court  see  cause  to  alter  it, 


1648]  NEW   HAVEN   COLONY  EECORDS.  447 

&  if  any  horses  doe  staye  longe,  as  4  or  5  dayes,  or  a  weeke 
or  more,  he  hath  libbertie  to  put  them  in  the  necke,  provided 
he  put  none  in  but  strangers  horses. 

The  towne  was  desired  to  see  that  they  be  provided  w^h 
ladders  according  to  the  order,  and  that  they  keepe  ther  chim- 
neyes  cleane,  for  Jn^  Cooppr  whoe  hath  bine  vsed  to  sweepe 
them  finds  it  inconvenient  for  liim  and  layes  it  downe,  onely 
he  said  that  till  another  was  provided,  if  any  man  desired  him 
to  come,  he  would  take  some  time  one  w^hin  the  weeke  to 
doe  it  if  he  was  well. 

It  is  ordered  that  if  any  man  goe  awaye  out  of  the  towne, 
or  sell  awaye  his  best  &  convenient  land,  and  take  no  course 
how  the  rates  of  the  rest  should  be  pd  &  the  fences  vpheld, 
the  pticuler  court  have  power  to  seize  vpon  the  lott  or  stopp 
any  such  allination,  till  some  order  be  taken  for  defray eing 
all  publique  charges,  vnless  he  that  buyes  the  land  will  put  in 
securitie  for  the  same  for  time  to  come,  provided  that  if  any 
more  shall  be  made  of  such  lotts  or  lands  then  doth  defraye 
publique  charges,  it  doe  returne  to  the  owner  of  them. 

It  is  ordred  that  the  planters  against  the  banke  side  to  sea- 
ward shall  haue  4  rodd  of  ground  the  breadth  of  ther  lotts  back- 
ward into  oystershellfeild,  because  the  sea  &  water  washeth 
downe  y^  banke  that  ther  is  no  good  highe  waye,  &  then  accor- 
ding to  an  order  allready  in  force,  they  must  maintayne  a  good 
highe  waye  at  the  front  of  ther  lotts  next  the  sea. 

It  is  ordered  that  a  place  be  left  for  shooting  at  a  marke  in 
oystershell  feild,  vpon  that  7  ac'*  Mr.  Gilbert  had,  w^h  mayo 
be  y^  most  fitt  for  that  vse. 

The  Gouerner  acquainted  the  court  that  the  comittee  they 
appointed  for  oystershellfeild  haue  disposed  of  it  for  7  yeeres 
more,  for  three  shillings  an  aC,  if  they  fenc  it,  then  to  haue 
the  last  yeares  rent  for  fencing,  but  if  they  doe  not,  but  by 
runing  a  fenc  into  y^  sea  as  some  speake  of,  they  shall  doe  it  at 
ther  owne  charge,  &  that  then  the  last  yeers  rent  be  pd  to  the 
towne  allso,  &  that  such  fenc  as  they  make,  they  leave  it  stand- 
ing at  ye  end  of  ther  time. 

Livtennant  Seely  was  desired  to  take  care  that  the  watches 
might  be  made  vp. 

It  is  ordred  that  all  men  that  vse  measures  w^h  strikes, 


448  NEW   HAVEN   COLONY  BECORDS.  [1648 

shall  gitt  strikes  well  made,  and  ye  next  time  measures  be 
viewed  they  shall  bringe  their  strikes  to  be  %dewed  and  sealed 
also,  &  so  from  time  to  time,  vnder  the  same  penaltie  that  the 
measures  are. 

Leivtennant  Seely  propounded  that  the  court  would  con- 
sider of  some  other  waye  of  rateiiig  men  then  is  setled  by 
lands,  for  divers  men  w^h  had  good  estates  at  first  &  land  ans- 
werable, whose  estates  are  sunke  and  they  not  able  to  paye  as 
they  did,  &  divers  psons  whoe  had  land  for  their  heads,  whose 
estates  are  smalle,  yett  paye  great  rates,  &  others  whose  estates 
are  increased,  haveing  but  litle  land  paye  but  a  small  matter 
to  publique  charges.  Divers  others  in  the  court  concurred 
w^h  him,  wherviDon  the  court  chose  a  comittee  to  consider  of 
it  and  prepare  it  for  another  court.  The  comittee  are  the 
pticuler  court,  (calling  in  the  elders  for  any  hclpe  or  light 
they  want,)  &  one  out  of  each  quarter  in  the  towne,  viz'',  Mr. 
Gilbert,  Henry  Lendall,  Mr.  Wakeman,  William  Davis,  Mr. 
Attwatter,  JervicBoykin,Mr,  Ling,  Mr.  Tuttill,  Mathew  Cam- 
feild,  Francis  Browne. 

Leivtennant  Seely  and  Jn"  Brockett  informed  the  court  that 
ther  is  of  that  meddowe  Mathew  Camfeild  desires,  on  y^ 
other  side  the  West  River  by  ye  oyster  banke,  about  4  ac'^ 
very  badd  and  boggy,  &  they  thinke  the  towne  may  grant  it 
him  w'hout  hurt  to  themselues,  vpon  w^h  report  the  court 
granted  it  to  him. 

John  Moss  propounded  for  6  ac'^  of  meddow  at  Oyster 
River.  Richard  Osborne  &  Geo  :  Smith  propounded  for  some 
ther  allso,but  it  was  reffered  to  the  viewers  w^h  are  appointed  to 
view  some  their  allready,  viz''  Leivtennant  Seely  &  Jn^  Brockett. 

It  was  ordered  that  all  men  w'^h  allinate  lands  in  this  plan- 
tation, shall  come  to  the  secretary  before  the  court,  &  bring  a 
note  vnder  the  hand  of  buyer  and  seller  of  the  quantity  of  the 
land,  w^h  the  bounds  of  it,  that  the  secretarie  maye  search 
the  booke  to  see  wheither  such  lands  be  in  the  sellers  power 
to  dispose  of. 

It  is  ordered  that  the  gouerner  haue  three  men  beside  Jn" 
Thomas  to  goe  w^h  him  to  Stamford,-  &  they  to  be  pd  by  y^ 
jurisdiction  treasurer,  his  journey  being  vpon  y^  jurisdiction 
occasions. 


1649]  NEW   HAVEN   COLONY   RECORDS.  449 

A  Court  held  at  Newhauen  the  S^h  of  Aprill  1649. 

Mr.  Goodyeare  propounded  to  the  court  to  knowe  what  secu- 
ritie  they  did  require  of  him  for  y^  portions  of  his  wives  chill- 
dren,  for  he  was  willing  that  the  securitie  should  be  out  of  the 
estate  ;  the  court  declared  themselues  that  they  was  willing  to 
accept  of  ye  fixed  estate  for  securitie  so  farr  as  ther  part  goeth, 
the  house  &  fences  being  kept  in  due  repaire,  and  so  much  of  y^ 
moveable  estate  as  to  make  it  sufficient  securitie,  w'^h  moveable 
estate  should  be  determined  of,  that  if  any  of  it  comes  to  be 
disposed  of,  other  estate  as  good  maye  bee  put  in  y^  roome, 
and  that  wheras  ther  was  50i  in  the  shipp  Fellowship  put  into 
ye  inventorie  &  vallewed  at  50'  w°h  now  comes  to  be  worth 
but  151,  the  chilldren  must  beare  ther  part  of  the  loss  in  pro- 
portion. 

[235]  II  William  Andrewes  junio''  was  called  to  answer  to  a 
miscarriage  of  his  by  drunkenness  w'^h  had  bine  formerly 
heard  by  ye  court  in  a  private  waye.  "What  the  court  did 
then  was  read  &  testimoncy  called  for  of  William  Andrewes 
his  good  behaviour  &  sober  cariage  sine,  and  Robert  Martin, 
master  of  the  Susan,  a  vessell  wherin  William  Andrewes  hath 
gone  some  voyages  sine,  testifyeth  that  he  can  vpon  his  oath 
saye  that  for  ought  he  hath  scene  sine  or  heard  by  others,  Wil- 
liam Andrewes  cariage  hath  bine  well  &  according  to  the  rules 
of  sobrietie,  and  Mr.  Evanc  saith  that  Mr.  Higginson,  whoe 
went  masters  mate  of  that  vessell,  told  him  that  William 
Andrewes  hath  carried  it  well  in  ye  voyage  ;  the  court  declared 
themselues  by  way  of  sentenc,  that,  vpon  the  testimoncy  given, 
they  remitt  the  corpporall  punishment  he  then  deserved,  and 
wheras  5^  was  deposited  as  a  fine  laid  vpon  him  for  which  Mr. 
Evanc  was  suertie,  they  take  of  that  allso,  and  onely  ordered 
that  William  Andrewes  paye  as  a  fine  to  the  towne  for  that, 
his  miscariage,  20^ 

John  Vincon,  Joseph  Allsop  &  Andrew  Low  was  complained 
of  for  ther  fenc  being  downe,  they  said  it  was  burned  downe, 
&  they  could  not  gett  help  to  sett  it  vp  againe,  they  were  told 
that  it  is  10  dayes  sine  it  was  burned,  &  they  haue  had  warn- 
ing of  it  by  the  viewer,  &  they  haue  not  done  what  they  might 
57 


450  NEW  HAVEN  COLONY  RECOEDS.  [1649 

haue  done  to  keepe  catle  out  of  the  corne  ;  therfore  the  court 
ordered  that  the  generall  courts  order  be  attended  in  ther 
payeing  12^^  a  post  for  those  that  be  downe,  w^^h  is  20  post  as 
Jno  Coppr  saith,  &  that  the  viewer  be  pd  what  is  his  due,  & 
what  damadge  beside  hath  come  by  it  if  it  be  required,  & 
Andrew  Low  is  further  fined  12^  a  post  for  12  post  that  hath 
bine  downe  longer,  betwixt  the  two  quarters. 

Andrew  Low  informed  the  court  that  he  was  willing  to  part 
w*h  the  land  the  towne  gaue  him  &  Thomas  Wheeler  was  wil- 
ling to  accept  it.  Thomas  Wheeler  sd  he  was  willing  to  take 
it,  that  is  that  w<=h  was  given  Andrew  Low  at  the  first,  &  that 
6  ac^s  he  after  had  of  Phillip  Leekes,  w'h  2  nc^^  of  meddow  & 
9  ac"^  of  vpland  on  y^  other  sid  the  East  River  out  of  the 
elders  lott,  &  he  vndertooke  to  mend  vp  the  fenc,  paye  rates  & 
to  beare  the  damadges  w^h  lyes  vpon  it  in  regard  of  its  being 
burnt  and  not  sett  vp. 

Joseph  Allsop  informed  the  court  that  he  desired  to  leave 
the  6  ac"  of  land  the  towne  gaue  him  and  Christopher  Todd 
was  willing  to  have  it,  as  he  said  himselfe  in  y''  court,  and  the 
court  was  willing  he  should,  onely  reserved  libbertie  to 
acquainte  the  comittee  w4i  it,  whoe  as  they  conceived  would 
grant  y"  thing. 

Mr.  Leach  desired  that  the  suit  depending  betwixt  Phillip 
Galpin  &  himselfe  concerning  Nathaniell  Drapprs  wages,  might 
be  issued,  whervpon  Phillip  Gallpin  p''sented  in  court  the  tcs- 
timoney  of  Henry  Rotherford  &  Michaell  Taintor  vpon  oath, 
as  foil, 

Henry  Rotherford  testify etli  vpon  oath,  taken  before  the 
gouerner  at  Newhaven  the  7'^'  of  January,  1648,  that  he  being 
at  Goodwife  Tillsons  house  in  Vergenia,  last  yeare,  and  speak- 
ing to  her  aboute  Nathaniell  Drappr,  asked  her  how  long  he 
lived  after  he  was  caried  ashore,  she  said  he  dyed  the  next  day 
at  night,  before  day  he  was  dead.  He  asked  what  he  spake 
concerning  his  meanes,  she  said  that  he  gave  her  his  beavor 
that  he  had,  &  for  his  wages  he  gave  that  to  Mr.  Sellicke,  but 
it  did  appeare  by  her  words  to  be  vpon  this  ground,  Mr.  Sel- 
licke' comeing  to  vissit  him  told  him  that  he  would  speake  to 
a  surgion  to  come  to  looke  to  him,  but  Mr.  Sellicke  said  to 
Nath,  yow  have  made  yo^  will  allreadie  &  given  awaye  all  yow 
have  &  what  shall  I  have  to  secure  me.    Nathaniell  answered, 


1649]  NEW   HAVEN   COLONY  RECOEDS.  451 

(as  Goodwife  Tillson  said,)  that  he  would  give  him  his  wages 
to  secure  him  &  the  last  will  must  stand.  Further  he  asked  her 
if  ther  was  any  will  writt,  she  said  none  in  pi'senc  of  Nathan- 
iell  while  he  lived. 

Henry  Rotherford. 

Michaell  Tayntor  testifyeth  vpon  oath,  taken  before  y^  gou- 
crner  at  Newhaven,  the  9^^  of  January  1648,  that  he  being  at 
Vergenia  when  Nathaniell  Drapr  dyed,  went  to  Goodwife 
Tillsons  house,  &  falling  into  speech  w^h  her  concerning  Na- 
thaniell Drapr,  she  said  that  he  brought  some  beavor  ashore 
w'li  him  &  some  deares  skines,  w^h  beavor  and  deare  skines 
he  gave  to  her,  the  said  Goodwife  Tillson,  when  he  dyed,  w^h 
was  ys  next  night  but  one  after  he  came  ashore,  &  that  he,  y^ 
said  Michaell,  saw  the  beavor  which  was  a  pretty  bigg  bundell. 
Further  this  deponent  saith  that  Goodwife  Tillson  said  that 
Nathaniell  Drappr  had  made  no  will  in  wrighting  sine  he 
came  ashore,  but  that  he  expressed  himselfe  by  word  of  mouth 
&  she  was  a  witnes  to  it,  that  what  Nathaniell  had  he  gave  it 
to  Mr.  Sellicke,  but  remembers  not  that  he  heard  her  saye 
anythinge  of  Nathaniells  giveing  his  wages  to  Mr.  Sellicke. 

Michaell  Taintor. 

Mr.  Leach  allso  presented  in  court  the  copie  of  an  afidavit 
of  goodwife  Tillsons,  taken  in  Vergenia,  wherin  she  testifyeth 
that  Nathaniell  Drapr  gave  to  Mr.  Sellicke  his  wages,  by  vertue 
wherof  Mr.  Leach  said  Mr.  Sellicke  claimes  the  wages  of  him  ; 
this  last  will  by  word  of  mouetli  being  made  a  day  after  that 
written  will  wherin  he  gives  the  wages  to  Phillip  Gallpin. 

Phillip  Galpin  pleaded  that  Goodwife  Tillson  is  not  a  com- 
petent witnes,  she  being  a  party  &  possesing  pt  of  Nathaniel 
Draprs  estate,  as  appeares  by  y^  testimoney  of  Mr.  Rotherford 
&  Michaell  Taintor,  but  the  will  wherin  it  is  given  to  Phillip 
Galpin  is  written  &  witnessed  by  one  not  interested,  viz^,  Ar- 
thur Branch. 

[236]  II The  Gouerner  informed  the  court  and  told  Mr.  Leach 
that  the  case  is  perplexed,  for  heare  is  but  one  witnes  of  either 
side,  &  if  any  of  Nathaniell  kindered  should  come  to  claime 
the  estate,  it  might  cause  a  new  trouble,  &  be  questionable 
wheither  any  of  them  should  inioye  it  or  no,  but  takeing  the 
case  as  it  is,  wheither  a  will  by  word  of  moueth,  witnessed  but  by 
one  witnes  w^h  is  a  ptye,  haueing  a  considerable  part  of  the 
deceaseds  estate,  as  appeares,  (thoughe  she  mentioneth  it  not 


452  NEW   HAVEN   COLONY   RECORDS.  [1649 

ill  her  owne  testimoney,)  shall  ouerthrow  a  will  written  and 
witnessed  by  one  vpon  oath  w^h  is  not  interested. 

The  court  declared  themseliies  that  as  the  case  stands,  they 
conceive  that  Phillip  Galpiii  hath  the  best  right  to  the  wages, 
&  therfore  order  Mr.  Leach  to  paye  it  to  him,  but  with  condi- 
tion that  Phillip  give  in  securitie  to  Mr.  Leach  to  beare  him 
harmless  against  all  future  claimes. 

Mr.  Leach  desired  that  he  might  be  paide  that  W^h  the  court 
ordered  him  to  have  out  of  Robert  Parsons  estate.  Mr.  Attwa- 
ter,  to  whome  y^  estate  was  comitted,  was  ordered  to  make  vp 
that  acc"S  that  Mr.  Leach  might  be  paide  at  or  before  y^  next 
court. 

John  Coopr  informed  the  court  that  ther  is  sundry  catle 
haue  bine  pounded,  W^h  is  to  be  paid  by  divers  men  whoe 
owned  the  fence  was  then  downe,  a  p''sented  3  notes,  wherin 
it  appeared  that  ther  was  12  cowes  &  5  horses  to  be  paid  by 
Mr.  Leach,  Mr.  Malbon  &  Tliom:  Kimberly  &  the  quarter 
gate  ;  &  29  cowes  vpon  Thom :  Munson,  Mr.  Gilbert  &  Jere- 
miah How ;  &  25  cowes  vpon  Mr.  Malbon,  Mr.  Leach  &  y^ 
qrt'  gate.  The  court  ordred  that  the  poundage  be  pd  by  these 
men,  it  being  equally  devided,  according  to  the  generall  courts 
order,  &  what  damadge  is  done  they  whoe  haue  received  it 
may  require  it  beside. 

Richard  Piatt  declareth  that  he  sold  a  pcell  of  land  to 
Ralph  Dayton,  pt  of  his  first  devission,  &  all  his  second,  &  4 
ac"^  of  mcddow,  &  would  haue  passed  it  ouer  to  him  in  y^ 
court,  but  he  would  not  haue  it  passed  ouer  to  him,  because  it 
would,  (he  said,)  be  some  prejudice  to  him,  but  said  he  would 
take  order  w^li  the  treasurer  to  see  y"  rates  should  be  paide. 
Ralph  Dayton  saith  that  he  acknowledges  he  bought  the  land 
&  they  differ  not  aboute  the  paye,  but  he  would  haue  y^  land 
laid  out  &  passed  ouer  to  him,  butted  &  bounded  wher  it  lyes. 
The  plant'  said  he  told  him  it  was  not  laid  out,  but  he  must 
take  it  wher  it  falles,  but  for  the  first  devission,  he  ptly  knew 
wher  it  was,  on  y^  other  side  of  y^  West  River.  For  y*'  med- 
dow,  it  was  pt  in  Mr.  Malbons  meddow  and  pt  in  Sollatarie 
Cove,  and  the  second  devident  he  thought  might  fall  aboute  y« 
sheppards  penn,  &  produced  Mr.  Wakeman  for  a  witnes,  whoe 


1649]  NEW   HAVEN   COLONY   EECORDS.  453 

saith  that  he  cannot  speakc  to  y^  bargaine,  but  Goodman 
Dayton  spake  to  him  asking  him  wher  it  was,  showing  thcrby 
that  Goodman  Piatt  did  not  determine  the  place,  but  men- 
tioned the  sheppards  penn,  as  if  Goodman  Piatt  informed  him 
that  it  might  fall  ther. 

The  court  told  Goodman  Dayton  that  it  appearcs  by  this 
testimoney  that  he  bought  Goodman  Platts  interest  in  this 
land,  hopeing  the  2'i  devident  would  fall  aboute  y^  shepards 
penn,  for  if  he  bought  land  w'^h  he  knew  was  not  laid  out, 
how  could  he  looke  to  liaue  it  butted  &  bounded.  He  was 
asked  if  he  had  any  witnes  to  cleare  his  case  any  more.  Hee 
said  no,  whervpon  the  court  ordered  that  Ralph  Dayton  take 
ye  land  sold  him  by  Richard  Piatt  &  haue  it  entred  in  the 
court  &  paye  rates  for  it  to  the  towiie. 

Mr.  Leach  was  fined  12''  for  absenc  at  a  generall  court. 

Henry  Pecke,  Robert  Basset  &  Thomas  Barnes  was  fined 
each  of  them  5^,  because  they  are  not  provided  w^h  each  man 
a  ladder  for  his  house,  to  stand  by  his  chimny,  thoughe  they 
haue  had  warning  oft  times  in  y^  generall  court,  &  pticulerly 
by  ye  mar  shall, 

Mr.  Malbon,  Mr.  Pery,  Ed.  Wigglesworth  was  allso  w'hout 
ladders  &  must  answer  it. 

Edward  Campe  &  Henry  Bishop  was  allso  complained  of 
for  want  of  ladders,  Init  the  court  saw  cause  to  pase  it  by,  be- 
cause Ed.  Campe  said  he  had  one,  but  it  was  not  in  sight  when 
ye  marshall  was  ther,  &  Hen.  Bishop  hath  lived  at  farme,  & 
hath  hired  a  house  for  a  litle  while,  &  is  now  goeing  forthe  of 
the  towne. 

Mr.  Goodanhousen  was  called  to  put  in  securitie  for  the 
portiones  of  his  wives  chilldren,  but  vpon  his  desire  the  court 
gave  him  libbertie  to  consider  of  it  till  next  court. 


At  a    CoUllT   HELDE   AT  NeWHAUEN  THE   FIRST  OP   MaYE    1649. 

Mr.  Evanc  informed  the  court  that  their  is  some  lands  he  hath 
formerly  passed  ouer  in  this  court  to  divers  men  wlioe  paye 
rates  for  them,  yet  he  is  not  discharged  of  it  in  the  treasurers 


454  NEW  HAVEN  COLONY  EECORDS.         [1649 

booke.  It  was  said  some  of  tlie  allinations  was  not  cleare, 
whervpoii  search  was  made  and  it  was  onely  in  16^  ac^  passed 
to  Anthony  Tompson,  w^h  was  sold  to  foure  men  &  so  should 
have  bine  entred,  w^^h  Mr.  Evanc  was  desired  to  cleare  before 
the  rates  for  that  can  bee  altered,  for  ye  rest  they  are  cleare  & 
must  be  charged  accordingly. 

Mr.  Evanc  passeth  oner  to  Mr.  Goodyeare  110  ac^  of  land, 
w*=h  is  all  the  second  devission  w^li  belonged  to  Mr.  Trobridge 
his  lott,  lying  on  y^  west  side. 

Mr.  Newmans  and  Mr.  Chefinches  quarters  was  fined  5^ 
for  letting  the  gate  of  their  quarter  lye  downe  and  not  keep- 
ing it  vp  according  to  order. 

[237]  II  John  Cooppr  informed  the  court  that  he  was  ordered 
by  them  the  last  court  to  receive  of  Mr.  Malbons  quarter  5*  for 
poundage  of  catle  w^h  came  in  at  the  quarter  gate ;  and  sine 
ther  is  5«  4'^  more  for  poundage  of  catle  w<^h  cam  in  tlier  allso, 
but  he  cannot  get  it,  nor  knowes  he  of  whome  to  require  it, 
whervpon  Mr.  Gilbert  and  Mr.  Crane  were  desired  to  take 
some  order  to  get  the  quarter  to  meete  and  setle  some  course 
howe  damadges  may  be  paid  when  they  come  that  waye,  & 
how  Jno  Cooppr  may  be  pd  this  10^  4:^  due  at  p''sent,  for  the 
court  is  vnwilling  to  take  distresses,  w^li  they  must  doe  if 
they  cannot  prevent  disorder  other  wayes. 

Mr.  John  Cefinch  and  Samuell  Cefinch  were  complained  of 
for  their  fenc  being  defective.  It  was  answered  Mr.  Cefinch  is 
not  well,  therfore  not  in  court,  but  Samuell  said  hee  had  bine 
carefull  to  keepe  his  vp  and  had  taken  order  to  haue  haue  his 
made  sufficient,  but  because  Mr.  Jn"  Cefinch  is  not  heare,  the 
court  respited  it  till  next  court,  &  wished  Samuell  Cefinch  to 
tell  his  brother. 

John  Cooppr  was  advised  to  view  all  the  fences  well,  and 
wher  he  sees  them  failing  &  not  likely  to  keepe  catle  out  of 
the  corne,  that  he  warne  the  owner  of  them,  &  if  they  be  not 
mended  sufficiently  betwixt  this  and  the  next  court,  that  they 
then  be  warned  to  answer  it. 

James  Till  was  called  to  answer  for  a  contempt  against  the 
court,  for  being  warned  to  appcare  the  last  court,  as  himselfe 
confeseth  &  owneth,  he  said  he  knew  no  busines  he  had  their 


1649]  NEW   HAVEN   COLONY  RECORDS.  455 

&  would  not  come,  but  now  confeseth  it  was  his  ignoranc 
and  foolishnes,  but  was  told  it  was  his  stubborne  disorderly 
spirit,  w^h  he  must  be  punished  for. 

Hce  was  further  charged  w^h  suspition  of  doeing  some 
worke  aboute  mending  his  fenc  vpon  the  Saboth  day,  w^h 
appeared  probable  vpon  this  ground,  first  by  his  telling  lyes, 
saying  to  Thomas  Wheeler  senio""  he  had  sett  some  of  it  vp 
vpon  the  last  day  at  night,  w^h  was  not  true,  as  he  now  con- 
feseth, and  then  saying  he  was  at  it  vpon  the  second  day 
morning  by  that  time  it  was  day  light,  and  yett  it  was  proved 
to  his  face  and  he  could  not  deney  it,  that  he  was  in  the 
towne  and  not  gone  to  his  fenc  when  the  sunn  was  halfe  an 
houre  highe,  and  Thomas  Wheeler  affirmes  he  came  to  him  & 
said  the  worke  was  done  on  ye  second  day  morning  by  that 
time  the  sunn  was  two  houres  high  at  most,  and  he  conceives 
that  the  worke  done  would  take  vp  a  man  halfe  a  day,  and 
Jno  Cooppr  said  three  houres  at  least,  so  that  it  is  probable, 
but  not  cleare,  thatpt  of  it  was  done  vpon  the  Saboth,  but  the 
court,  lea\'ing  that,  for  his  lying  and  contempt  of  the  court, 
sentenced  James  Till  to  bee  severly  whipped. 

Thomas  Jeffery  informed  the  court  that  ther  was  some 
goodes  taken  vp  by  John  Griffen  of  Mr.  Pell,  for  ye  vse  of  the 
boate  wherin  Jn°  Griffen  and  himselfe  were  ptners,  comeing  to 
54^,  and  he  pd  his  pt  w^h  was  16%  to  Jn"  Griffen,  as  his  wife 
can  testifye,  and  Jn°  Griffen  should  have  discharged  it  to  Mr. 
Pell  but  hath  not,  and  now  Mr.  Pell  requires  it  of  him.  Mr. 
Pell  said  ther  was  so  much  due,  but  he  hath  received  of  Jn^ 
Griffen,  by  fraight  of  goods,  1^  11^  10^^,  and  the  rest  he 
requires  of  Thomas  Jeffery  as  the  survivinge  man.  It  was 
asked  Thomas  Jeffery  if  ther  was  any  thing  in  wrighting  to 
make  this  appeare,  he  said  he  knew  not,  but  ther  was  many 
paprs  &  bookes  w^li  maye  be  looked  vpon,  and  the  treasurer 
and  secretarie  were  desired  to  search  those  bookes  &  paprs,  to 
see  what  they  can  find  out  aboute  his  estate,  and  about  this 
matter  in  pticular,  &  then  the  court  will  order  how  Mr.  Pell 
shall  ]je  paide. 

Mr.  Pell  informed  the  court  that  ther  was  some  things  in 
Robert  Parsons  house  which  he  was  to  take  awaye,  and  to 


456  NEW  HAVEN  COLONY  EECOEDS.  [1649 

cleare  it  showed  the  award  or  arbitration  betwixt  John  Budd 
and  himselfe,  vnder  the  hand  of  Mr.  William  Wells  and  Thorn  : 
Munson,  wherby  it  appeared  he  was  to  take  away  a  bedsted  in 
y<^  leantooe  of  the  said  house  and  one  in  y«  chamber,  &  two 
lockes,  some  bages  of  woole,  &  some  hopp-roots  &  hoppooles, 
but  is  tyed  so  to  take  these  things  away  that  he  deface  not  the 
freehold,  and  Richard  Miles  was  desired  to  tell  William  Pecke, 
whoe  is  now  in  y«  house,  that  Mr.  Pell  hath  libbertie  to  take 
awaye  these  things,  not  defaceing  the  house,  and  if  William 
Pecke  will  buy  them  of  Mr.  Pell  for  his  owne  conveniency  he 
maye. 

Mr.  Pell  was  told  he  hath  bine  sundrye  times  warned  to  this 
court  aboute  a  fine  laide  vpon  him  by  the  court  of  magistrats 
for  ye  jurisdiction,  but  he  hath  neither  appeared  at  any 
monthly  court  hear  till  this,  nor  brought  his  fine,  nor  sent  it 
by  Thomas  Powell  whoe  one  appeared  for  him,  and  thoughe 
at  one  court  it  was  said  he  was  w^liout,  yett  he  made  not  his 
appearanc  before  the  court,  and  so  from  time  to  time  hath  bine 
warned  but  hath  not  appeared,  he  was  asked  if  he  had  now 
brought  his  fines,  he  said  no.  The  court  required  that  hee 
now  give  his  answer  to  these  miscariages  and  contempts.  Hee 
desired  that  seeing  the  court  of  magistrats  was  so  neare  he 
might  have  libbertie  to  give  his  answer  then,  w^h  the  court 
granted,  and  wished  him  to  take  this  as  a  sufficient  warning 
then  &  tlier  to  make  his  appearanc,  w'hout  fayle. 

John  Bishop  &  Sam  Hodgkines  were  complained  of  for 
sleeping  in  ther  watch,  but  their  occaisions  being  such  as  at 
pi'sent  they  cannot  be  heare  now,  it  was  respited  till  the  next 
court. 


[238]     A  Generall  Court  the  14tii  of  Maye  1649. 

Samuell  Ceffinch  and  Joseph  Pecke  were  admitted  members 
of  this  court,  and  received  the  freemans  charge. 

Mr.  Crane  and  Francis  Newman  were  chossen  deputies  for 
ye  next  jurisdiction  generall  court. 

Mr.  Gibbard,  Mr.  Crane,  Richard  Miles  and  Francis  New- 
man were  chosen  deputies  for  y^  towne  court  of  Newhaven 
for  ye  yeare  ensuing. 


1649]  NEW  HAVEN  COLONY  RECOEDS.  45T 

Mr.  Gibbard  was  chosen  treasurer  for  y^  towiie  of  Newha- 
ven  for  y^  yeare  ensuing. 

Francis  Newman  was  cliossen  secretarie  )  for  y^  yeere 

Thomas  Kimberly  was  chosen  marshall  )      ensuing. 

The  millitary  officers,  w^li  Mr.  Gibbard  &  Mr.  Atwater, 
were  desired  &  appoyntcd  by  y^  court  to  treate  w'h  ye  drumer 
about  his  druming  and  maintayning  y°  towne  drumes,  view- 
ing them  in  what  case  they  are,  and  reporte  to  the  court  how 
they  finde  things. 

Leivtennant  Seely  made  a  motion  to  y°  court  that  they 
would  be  pleased  to  accept  off  y^  service  he  had  done  in  y 
towne  in  y^  place  of  a  leivtennant  for  the  time  past,  and  that 
they  would  be  pleased  to  chuse  some  other  to  supply  the  place 
for  the  time  to  come,  for  he  iindes  it  not  comfortable  for  liis 
family,  nor  pleaseing  to  his  owne  spirit  to  hold  it  as  the  case 
standes.  Hoe  doth  not  desire  to  put  the  towne  vpon  charge 
in  point  of  any  sollary,  yctt  leaves  it  to  themselues  to  doe  as 
they  shall  see  cause,  proffessing  it  is  an  affliction  to  him  to 
w^hdrawe  from  this  societie,  but  their  is  a  waye  open  for  him, 
and  he  desires  to  attend  providenc  in  it,  if  he  cannot  see  a 
waye  of  comfortable  subsistanc  here.  After  much  debate,  it 
was  agreed  tliat  it  should  be  respited  till  the  jurisdiction  gener- 
all  court  and  bee  propounded  to  them  to  see  if  they  will  doe  any 
thing  in  it,  that  he  maye  not  goe  out  oif  the  jurisdiction. 

It  was  ordrcd  that  Mr.  Theophilus  Eaton,  gouerner,  be  for 
y^  time  to  come  freed  from  payeing  his  yearly  rates  to  y^ 
towne. 

It  was  ordred  that  Mr.  Robert  Newman,  ruling  elder,  be  for 
the  time  to  come,  freed  from  payeing  his  yearly  rates  to  the 
towne. 

The  pticular  court  were  chosen  as  a  comittee  to  issue  tlie 
matter  concerning  seamen  &  ship  carpenters,  wheither  they 
should  watch  &  traync  or  noc. 

The  comittee  formerly  chosen  to  consider  aboute  makeing 
of  wharfes,  &  a  bridge  oucr  y^  moueth  of  y«  creeke  against 
Phillip  Leekes,  were  desired  to  issue  it.  Allso  it  was  reifered 
to  them  to  order  some  course  to  be  taken  for  clearing  the  flats 
of  some  loggs  &  pyles  &  stons,  wh  the  court  was  informed 
58 


458  NEW   HAVEN   COLONY  RECORDS.  [1649 

lye  vp  &  downe,  wherby  vessells  that  come  in  ar  in  danger  of 
being  hurt. 

Mr.  Evanc  made  a  motion  to  the  court  that  Sariant  And- 
rewes  might  have  libbertie  to  keepe  a  timber  yard,  to  provide 
timber  for  shipping  &  repairing  of  vessells,  and  that  he  might 
have  libbertie  to  cut  timber  vpon  the  townc  common  for  that 
purpose.  The  court  was  willing  to  incouradge  the  thing,  yett 
not  willing  to  make  a  full  grant  at  p'sent,  but  for  his  incouradg- 
ment  gave  him  libbertie  to  take  what  trees  are  vpon  the  towne 
common  which  the  tanners  have  failed  &  Imrked  that  maye 
be  for  that  vse,  and  libbertie  to  cut  six  or  tenn  trees  more  for 
that  purpose,  provided  it  be  w^hout  the  two  mile  &  in  no  mans 
pprietie. 

The  Governer  informed  the  court  that  he  heares  that  Wil- 
liam Davis  &  those  two  that  was  his  men,  viz'i  Henry  Bristow 
&  Jno  Winston  haue  failed  a  great  deale  of  timber  w'liout 
leave,  Wh  was  by  an  order  to  be  marked  &  reserved  for  the 
townes  vse.  William  Andre wes  said  that  he  heard  it  spoken 
of  in  y  towne  as  an  offenc  against  William  Davis,  that  he 
w^^h  lielpes  to  make  the  order  presently  goes  and  breakes  it ; 
and  he  conceives  that  the  damadge  to  the  towne  is  very  great 
by  his  falling  those  trees,  for  he  doth  not  know  where  a  man 
can  goe  w'hin  five  miles  of  y^  towne  to  finde  so  much  such 
timber,  but  it  was  reffered  to  the  pticular  court.  Much  de- 
bate their  was  whcither  it  would  not  suit  that  the  cooprs 
should  fall  their  timber  at  tliat  time  of  the  yeare  when  the 
barke  will  peele  of  &  be  good  for  the  tanners.  Phillip  Leeke 
said  the  wormes  would  eat  it  so  as  it  would  be  vnservicable 
for  makeing  of  liquid  vessell.  Nickholas  Elsy  said  he  thought 
not,  &  so  said  some  others  in  y°  court.  But  in  regard  the 
season  is  now  allmost  past  for  tanners,  the  court  thought  fitt  to 
reffer  it  to  further  consideration,  provided  that  all  orders  con- 
cerning falling  of  timber  now  in  being,  stand  in  full  force. 

William  Paine,  Jn°   Gibbs,   Thom:  Wheeler,  &  Francis 
Browne  had  libbertie  to  depart  y^  court. 

It  was  propounded  that  something  might  be  pd  to  the 
towne  towards  bearing  publique  charge,  for  each  tree  that  is 
failed  vpon  the  townes  land,  but  it  was  respited  for  p^sent. 


1649]  NEW   HAVEN   COLONY   RECORDS.  459 

Henry  Pecke  had  libbertie  to  take  of  that  timber  w^h  the 
tanners  have  failed,  for  his  vse  in  his  trade. 
[239]      II Henry  Morrell  had  libbertie  to  inlarge  his  home  lott 
[into  oystershellfeild]  the  length  of  his  lott. 

Jno    Coopr  is  ordered   to   drive   y^   necke,   &   to   pound 
those  catell  w<^h  are  not  orderly  put  in. 

The  court  remitted  a  fine  of  20^  laid  vpon  Jn"   Vincon, 
Joseph  Allsop  &  Andrew  Low. 

Thev  w^h  were  behinde  in  tlier  rates  were  desired  to  brins: 
them  in  to  the  treasurer. 

William  Andrewes  desired  the  court  that  they  would  put  an 
issue  to  y-  matter  concerning  the  land  w^h.  was  viewed  on 
behalfe  of  himselfe  &  John  Cooppr,  Sariant  Beckly,  Isacke 
Whithead  &  Nathanil  Merriman  on  y^  Indian  side  beyond 
Sollitary  Cove.  Those  that  were  appointed  to  view  were 
desired  to  informe  the  court  how  they  found  things.  Leivten- 
ant  Seely  said  he  thought  the  towne  might  grant  it  them,  &  so 
said  Henry  Lendall  &  Francis  Newman,  so  y'  the  farmers  med- 
dowes  might  be  secured  from  their  cattell  spoyling  them.  Mr. 
Crane,  &  Mr.  Ling  &  Mr.  Tuttill  opposed  it  &  said  it  would 
spoyle  their  farmes,  yctt  if  they  might  have  common  in  y^ 
necke  w^h  them  &  haue  ther  medow  secured,  they  were  wil- 
ling, but  they  w^h  propounded  for  it  were  not  willing  to  take 
it  vpon  those  termes.  After  much  debate,  the  matter  was 
left  that  they  might  speake  privatly  together  aboute  it,  but  the 
farmers  were  told  that  if  they  hinder  the  towne  from  dispos- 
ing of  the  land  for  them  to  make  vse  of,  the  towne  will  expect 
the  same  rates  from  them  that  these-  offer  to  paye,  that  is,  for 
all  y^  medow  and  50  or  60  aC's  of  vpland,  or  more  if  it  be 
taken  in  for  planting  land. 

Sariant  Munson  informed  the  court  that  James  Eussells, 
being  a  watchman,  pleads  to  be  excused,  because,  by  reason 
of  some  lameness  in  one  of  his  hands,  he  cannot  discharge  his 
gunn.  Hee  was  answered  and  James  Russell  told  the  he 
must  hire,  or  else  y^  sariant  must  hire  for  him  whatever  he 
gives  &  he  must  paye  it,  and  therfore  he  had  better  agree  w^h 
some  one  himselfe  to  doe  it  for  him  who  maye  bee  approved 
by  the  sariant. 


460  NEW   HAVEN   COLONY  RECORDS.  [1649 

John  Cefinch  passeth  ouer  to  Samuell  Ceffiiich  the  home 
lot  he  had  of  y°  towiie,  bemg  two  acers;  36  ac^  6  rod  of  land 
of  ye  fii'st  devision  w^hin  y^  2  mile ;  all  his  land  in  y^  necke 
being  13  ac^  &  ^ ;  14  ac'^  ^  20  rod  of  medow;  and  36  ac^  & 
I  of  his  second  devision. 

Edward  Banister  paseth  ouer  to  William  Basset  y<=  7''^  of 
Nouembr,  1648,  12  ac"  of  land  in  ye  subverbs  qrt'  on  this  sid 
ye  West  River,  &  7  ac^  of  land  of  ye  first  devision  on  ye  other 
sid  ye  West  River,  and  three  acc^  of  medow  in  ye  West 
medow  &  24  ac^^  of  ye  second  devision  in  ye  subverbs  qrt'. 

The  7th  of  December,  1647,  John  Chapman  passeth  ouer  to 
Mr.  Leach  his  house,  home  lott  &  common,  w'h  27  ac"  ^  of 
vpland  w'hin  ye  2  mile,  &  11  ac*^  of  medow  lying  in  ye  mill 
medow,  butting  on  end  vpon  ye  vpland  ground,  ye  other  end 
vpon  ye  river  betwixt  ye  medow  of  Mr.  Gilbert  &  that  w^li  was 
laid  out  to  an  elders  lot. 

Mr.  Leach  paseth  ouer  to  Thomas  Kimberly  the  same  pcell 
of  land,  both  vpland  and  medowe,  being  27^  ac'%  &  11  ac^^  of 
medow. 

[There  was  a  general  court  of  election  for  the  Jurisdiction  held  on  the  30th  of  May, 
1649,  and  also,  as  we  learn  from  the  records  of  the  town  of  Guilford,  a  court  of  Magis- 
trates, upon  the  same  day.  The  certificate  of  the  appointment  of  Tlieophilus  Eaton 
and  John  Astwood  as  commissioners,  signed  by  Francis  Newman,  Secretarie,  is  pre- 
served in  the  archives  of  Massachusetts. 

For  some  of  the  i)rocccdiHgs  of  this  General  Court  see  post,  j).  463,  note.] 


A  Generall  Court  the  ll^''  of  June,  1649. 

Mr.  Evanc  desired  lil^liertie  for  Thomas  Moris  &  Nathaniell 
Merriman  to  depart  ye  court,  to  goe  to  doe  a  litle  worke  to  a 
vessell  w^h  laye  loaden  &  Avas  ready  to  goe  awaye,  and  they 
had  libbertie. 

Robert  Martin  and  Jn"  Benham  desired  libbertie  to  dept  ye 
court  &  had  it. 

Jno  Thomas  allso  to  goe  cary  some  phisicke  to  one  that  was 
sicke. 

The  Governor  acquainted  the  court  that  the  principal! 
ocaision  of  this  court  was  aboute  Nehemiah  Smith  the  shep- 


1649]  NEW  HAVEN   COLONY  RECORDS.  461 

pard,  whoe  is  willing  if  he  maye  be  accommodated  liearc  to 
come  hither  &  bring  ye  flocke  of  sheep  w'li  him,  both  them  y' 
belonge  to  y^  towne  and  his  owne  allso,  thoughe  not  willing  to 
keepe  the  townes  sheepe  because  of  some  weakeness  he  finds 
vpon  himselfe,  but  he  shall  sell  some  of  his  owne  &  keepe 
aboute  20  or  30  himselfe,  and  therfore  propounds  that  he 
might  have  land  wher  he  formerly  propounded  for  it ;  that  is, 
twenty  aC'^  of  vpland  at  y^  sheppards  penn  &  10  ac's  of  med- 
dow  in  Oyster  River  mcddow. 

Affter  much  debate  it  was  voted  that  he  should  have  20 
ac^  of  vpland  vpon  sheppards  hill,  ife  10  aC'*  of  meddowe  in 
Oyster  River  meddow  for  his  proprietie,  and  for  the  rest  of  his 
commonage  he  must  fall  vnder  y°  rules  of  a  planter  as  other 
])lanters  doe.* 

And  order  made  by  this  court  the  S"-''  of  July,  1647,  con- 
cerning the  necke  was  reade  and  confeirmed,  and  y^  comittec 
then  chosen  to  consider  of  clearing  y<=  nccke  for  yf"  sheepe  was 
desired  to  meete  and  consider  what  is  necdfuU  to  be  done  for 
yc  p^sent  against  the  sheepe  come,  and  whcras  William  Pres- 
ton, one  of  y^  former  comittee,  is  dead,  Henry  Lendall  was 
chosen  in  his  roome. 

Leivtenante  Secly  desired  the  court  that  they  would  chuse 
another  leivtenant  for  he  finds  it  inconvenient  to  his  family  to 
hold  ye  place.  Jn"  Moss  propounded  to  the  court  to  knowe if 
ye  sallary  given  by  the  Jurisdiction  for  attending  the  gunns 
[240]  cannot  bee  ||  Ig-iven  to]  Leivtenant  Seely,  he  was  told 
that  the  sallary  [was  offered  Leiut]  Seely  before  it  was  disposed 
of  other  wayes,  but  now  this  court  cannot  alter  the  generall 
courts  order.  Leivtenant  Seely  was  desired  to  consider  of  it 
for  a  fortnight  when  their  would  be  anotlier  generall  court;  in 
ye  nieane  time  it  was  ]}i-opounded  that  the  men  in  y^  towne 
would  vndcrwright  what  they  would  give  towards  ye  main- 
taynanc  of  Leivtenant  Seely  in  his  place,  w-h  satisfyed  him  for 
ye  p^sent. 

*  In  the  margin, "  At  a  towne  meeting  y  13iii  of  May,  1650,  it  was  voted  y'  y'  clause 
in  this  order  of  keeping  20  or  30  sheepe  should  be  of  no  force,  but  that  he  keepe  what 
sheep  he  sees  meete  selling  some  to  y"  towne,  and  when  y"^  towne  sees  cause  to  stint 
themselues  in  other  catle,that  then  he  be  stinted  also  as  others  planters." 

Nehemiah  Smith  removed  to  New  London  about  1652. 


462  NEW   HAVEN   COLONY  RECORDS,  [1649 

Mr.  Robert  Newman  desired  that  he  might  have  12  plankes 
that  are  the  townes  aty«=  west  bridge,  and  he  would  either  paye 
the  towne  for  them,  or  give  them  12  as  good  againe.  The 
court  being  informed  by  Wilham  Andrewes  that  the  towne 
might  spare  them  for  tlie  present,  agreed  he  should  have  them 
according  to  his  proposition. 

It  was  propounded  that  the  necke  bridge  and  west  bridge 
might  be  mended,  William  Andrewes  said  vnles  workemen 
can  have  corne,  they  cannot  worke,  Mr.  Evanc  said  rather 
then  the  worke  should  cease  to  y^  indangering  of  y^  bridges 
he  would  lend  y^  towne  fifty  shillings  worth  or  3'  worth  of 
corne,  so  it  was  agreed  that  the  worke  should  goe  one. 

Thomas  Kimberly  acknowledge  a  sinnfull  miscariage  of  his 
aboute  a  prisoner  sent  by  the  governor  to  the  Duch  governer 
by  Jeremiah  How,  first  that  he  said  of  his  owne  head  to  Jere- 
miah How,  that  it  would  be  a  deed  of  charitie  if  he  let  y^  pris- 
oner escape  so  no  hurt  might  come  to  y^  jurisdiction,  secondly 
y'^  concerning  a  letter  sent  by  the  governer  to  the  Duch  gov- 
erner, he  said  to  Jeremiah  How  that  if  y-  prisoner  escaped,  he 
hoped  he  would  have  more  witt  then  to  deliver  the  letter. 
And  wlieras  it  is  said  that  he  should  express  something  as  if 
ys  governer  was  content  y^  prisoner  should  escape,  which  was 
no  such  thing,  nor  doth  he  remember  that  he  spake  so,  but  he 
falls  vnder  testimoney.  These  things  he  acknowledgeth  was 
a  breach  of  y^  6'^  &,  Qth  commandements,  and  great  vnfaith- 
fullness  in  y^  trust  comitted  to  him.  The  governer  declared 
himselfe  satisfyed,  hopeing  it  will  bee  a  warning  for  time  to 
come,  and  no  other  objected  against  it. 

It  was  desired  that  the  collecto''s  for  y''  colledge  corne  y^ 
yeare  last  past  &  y^  yeare  before  that  would  cleare  matters 
w'h  Mr.  Evanc  and  bring  to  him  y^  corne  they  have  that  it 
maye  now  be  sent,  and  what  wampome  they  have  allso  and  lie 
will  send  provissions  for  it. 


1649]  NEW   HAVEN   COLONY   RECORDS.  463 

A  Generall  Courte  the  25th  of  June,  1649. 

Thomas  Wheeler  seiiic  was  admitted  a  member  of  this 
court  and  received  ye  freemans  charge. 

The  orders  of  the  last  generall  court  for  ye  jurisdiction  was 
read,  in  wliich  it  app^ed  that  the  plantation  of  Southold  vpon 
Long  Island  are  to  have  that  plantation  made  oner  to  them, 
and  seeing  it  was  purchased  by  this  towne,  it  is  by  this  towne 
to  be  made  ouer  to  them,  whcrvpon  it  being  propounded,  it 
was  voted  by  this  court  that  they  doe  relinquish  all  their  right 
and  desire  it  maye  bee  made  ouer  to  them,  either  by  deed  or 
otherwise  by  act  of  court,  provided  that  it  be  still  kept  w'hin 
this  jurisdiction,* 

The  Gouerner  informed  the  court  that  ye  comittee  they  ap- 
pointed to  consider  of  cleering  the  necke  have  mett,  and  thinke 
that  it  would  be  profitable  for  ye  towne  that  it  should  bee 
cleared  for  oxen  and  sheepe,  but  because  it  is  now  neare  har- 
vest, and  mens  ocasions  will  not  give  waye  to  doe  it  all  now, 
that  therfore  every  planter  in  the  towne  would  goe  or  send  a 
man  a  day,  w'^h  they  thinke  maye  doe  inough  for  ye  pi'sent,  and 

*  "  At  a  general  court  held  at  New  Haven  for  the  jurisdiction,  the  30th  May,  1649. 
The  freemen  of  Southold  desired  that  the  purchase  of  their  plantation  might  be  made 
over  to  them.  The  court  told  them  that  they  are  free  to  make  over  to  them  what 
right  they  have,  either  by  a  deed  or  an  act  in  court,  that  it  might  stand  upon  to  free 
them  from  all  future  claymes  fromthemselveSjOrany  under  them,  as  themselves  upon 
consideration  shall  propound  or  desire.  Mr.  Wells  being  questioned  about  some  land 
he  had  received  of  some  Indians  in  Long  Island  by  way  of  gift,  in  which  Mr.  Odell  of 
Southampton  hath  a  part,  and  liimself  did  draw  a  deed,  wherein  the  land  was  passed 
over  from  the  Indians  to  them,  which  is  contrary  to  an  order  made  in  this  jurisdiction. 
Against  which  carriage  the  court  showed  their  dislike.  But  Mr.  Wells  doth  now  before 
the  court  fully  resign  up  all  his  interest  in  that  land  to  the  jurisdiction,  and  will  be 
ready  to  give  a  deed  to  declare  it  when  it  shall  be  demanded  of  him.  Mr.  Youngs 
informed  the  court  that  they  at  Southold  had,  according  to  order,  purchased  a  planta- 
tion westward  from  the  Southold,  about  eight  miles,  of  the  Indians,  which,  by  the 
best  information  they  can  get,  are  known  to  be  the  right  owners  of  that  land,  called 
by  the  name  of  Mattatuck  and  Aquahouke,  and  this  for  the  jurisdiction  of  New  Haven 
and  Connecticut;  which  purchase  comes  to,  in  the  whole,  six  pounds  six  shillings;  the 
particulars  how  it  arises,  being  expressed  in  the  deed,  which  they  desired  might  be 
repayd ;  and  accordingly  the  treasurer  had  an  order  from  the  court,  and  did  pay  it  to 
them.  Likewise  Lieutenant  Budd  spoke  of  another  purchase  that  was  made,  but  did 
not  give  full  information,  nor  a  perfect  account  thereof." 

The  above  note  is  taken  from  Thompson's  History  of  Long  Island,  2d  ed.  vol.  i.  p. 
378,  but  Mr.  Thompson  gives  us  no  indication  of  the  source  whence  he  derived  the 
citation,  and  the  editor  has  not  hitherto  succeeded  in  discovering  it. 


464  NEW   HAVEN   COLONY  RECORDS.  [1649 

the  comittee  that  they  might  incouradge  y''  worke,  have  all- 
ready  all  goii  themseliies  or  sent  a  man  a  day,  except  one 
whose  ocasions  would  not  then  pmitt,  but  is  now  ready.  It 
was  desired  that  those  whoe  was  willing  to  goe  would  now 
give  in  ther  names,  whervpon  sundery  did,  a  note  wherof  is  in 
y^  secretaries  hand. 

The  Gouerner  acquainted  the  court  that  the  comittee  they 
appointed  to  consider  of  seamen  and  shippcarpenters  watching 
and  trayning  have  done  it,  whervpon  a  note  vnder  Mr.  Win- 
throps  hand,  then  governor  in  y^-  Baye,  sent  for  by  order  of  this 
court  to  know  what  ther  order  is  ther  aboute  these  things, 
w'^h  was  read  being  as  foUoweth, 

Persons  exempt  from  trayning  &  watching  &  warding  by  ye 
Massachusetts  law,  as  Mr.  Winthrope  certifyed  July  y«  14'h, 

1648. 

Magistrats,  deputies,  elders  of  churches,  deacons,  the  presi- 
dent, fellowes,  students  and  officers  of  Harvard  Colledg,  all 
proffessed  schoolemasters  allowed  by  two  magistrats,  the  treas- 
urer, the  audito""  generall,  the  surveyour  generall,  publique 
notaries,  phisitians  &  surgeons  allowed  by  two  magistrats, 
masters  of  shipps  and  other  vessells  aboue  20  tunne,  millers 
and  such  other  as  shall  be  discharged  by  any  court  for  bodily 
infirmity  or  other  reasonable  cause.  But  ther  sonns  and  ser- 
vants are  not  freed,  except  on  servant  allowed  to  every  magis- 
trate &  teaching  elder.  Such  as  keepe  familycs  at  remote 
farmes  shall  not  bee  compellable  to  send  ther  servants  to 
watch  or  ward  in  y^  townes.  But  all  psons  exempt  &c,  shall 
have  compleate  amies  &c.  in  ther  houses,  except  magistrats 
and  teaching  elders.  Wee  had  a  law  for  seamen  &  shipcar- 
penters  &  fishermen,  to  trayne  onely  twice  a  yeare,  (&  so  is  our 
practise)  but  I  finde  it  not  in  our  new  booke  of  lawes,  so  that 
I  feare  it  is  omitted  through  some  oucrsight.  The  officers  of 
our  courts  are  allso  exempted. 

Jii°  Winthrop. 

w'h  which  the  court  closed,  w'h  some  little  alteration,  first 
wheras  mention  is  made  of  remote  farmes,  the  court  thinks  it 
should  be  limited  to  those  w'hout  y^  two  mile,  and  for  masters 
of  vessells  of  20  tunne,  they  thinke  for  incouraging  seamen  it 
maye  l3e  limited  to  15  tunn  and  vpward  here. 
[241]  II  For  other  seamen  and  all  shipp  carpenters,  [that] 
they  watch  as  others  doe  and  trayne  twice  a  yeere.     Ajid  to 


1649]  NEW   HAVEN   COLONY   RECORDS.  465 

distinguish  wlioe  are  seamen  &  ship-carpenters,  it  is  left  to 
the  pticular  court  to  judge. 

The  court  considered  of  what  wasjpropounded  and  written, 
and  ordered  that,  w^h  the  alterations  before  exprest,  it  should 
be  here  practised  as  is  before  expressed  in  y^  note  from  Mr. 
Winthrop. 

Ypon  Robert  Bassets  desire  to  be  freed  from  watching  be- 
cause he  is  drumer  to  y°  towne  &  to  attend  his  place  as  drum- 
cr  if  tlier  should  be  an  allarum  in  y"  night,  W^h  if  he  be  v})on 
the  watch  he  cannot  doe,  Leivtenant  Seely  said  it  is  not  vsall 
for  drumers  to  watch  vpon  any  court  of  gaurd  as  common 
watchmen,  but  to  attend  tlier  place  as  drumer  if  their  be 
ocasion.  The  court  for  y^  p''sent  saw  cause  to  free  him,  wish- 
ing him  yt  if  at  any  time  he  doth  goe  forth  of  towne  he  pro- 
vide another  drumer  to  supply  his  place  and  attend  his  worke 
as  drumer  toy^  towne,  y^  they  be  not  loft  destitute. 

It  was  propounded  to  know  what  amies  is  proper  for  every 
officer  of  the  millitary  company  to  liave,  which  was  left  to  the 
officers  themselues  to  consider  &  informe  ye  court. 

William  Judson  desired  that  he  might  be  freed  from  watcli- 
ing,  but  nothing  was  done,  but  he  reffered  to  y^  order  former- 
ly made. 

It  was  propounded  that  the  oxe  pasture  might  bo  fenced  at 
the  townes  charge,  and  whither  it  would  not  be  profitable  to 
ye  towne  that  it  should  be  planted  three  or  4  yeares  &  after 
laid  againe  for  an  ox  pasture,  and  it  was  reffered  to  the  con- 
sideration of  ye  comittee  chosen  for  rates  the  10'^  of  March, 
1648,  (the  pticular  court  excepted,)  viz'i  Mr.  Gilbert,  Mr. 
Wakeman,  Henry  Lendall,  William  Davis,  Mr.  Atwatter,  Jer- 
vic  Boykin,  Mr.  Ling,  Mr.  Tuttill,  Mathew  Camfeild,  Francis 
Browne,  &  y^  they  informe  y^  court  what  they  judge  of  it. 

Andrew  Low  desired  the  court  to  consider  of  severall  fines, 
amounting  to  44%  for  his  fenc  being  downe,  but  notliing  was 
done  in  it  at  pi'sent. 

It  was  refered  to  the  pticular  court  to  consider  of  some  that 

miglit  take  the   estates  of  any  which  dye  in  y"  towne  and 

leaves  no  order  aboute  ther  estates.     Instanc  was  given  in  ye 

estate  of  Robert  Psons,  William  Ball,  Lawranc  Watts,  &  what 

59 


466  NEW   HAVEN   COLONY   RECOEDS.  [1649 

other  maye  bee,  the  treasurer  desired  that  he  might  not  be 
troubled  w^h  them. 

The  Gouerner  informed  the  court  that  he  hath  heard  some 
complaints  aboute  the  smallness  of  bread  that  is  made  and  sold 
in  ye  towne,  and  therfore  thinkes  that  some  course  must  be 
taken  that  it  maye  be  sized,  that  the  baker  maye  have  a  due 
profit  <fe  the  buyer  not  wronged.  It  was  inquired  whoe  had 
any  booke  that  might  give  any  light  concerning  the  sizing  of 
bread.  Jn°  Brockett  said  he  had  one,  and  was  desired  to 
cary  it  to  the  governor  whoe  was  desired  to  prepare  this  mat- 
ter against  y*'  pticular  court. 

Leivtenant  Scely  desired  the  court  that  they  would  chuse 
another  leivtenant  for  his  occasions  require  himc  to  laye  it 
downe.  The  court  told  him  they  saw  no  cause  nor  should 
chuse  any  other  so  long  as  he  remained  in  y^  towne  amonge 
them,  and  the  foure  sarjants  were  desired  to  take  some  paines 
to  see  what  men  would  vnderwright  as  it  was  spoken  y^  last 
court. 

John  Walker  &  Thomas  Mitchell  were  chosen  veiwers  for 
ye  fenc  at  plaines  for  ye  yeare  ensuing. 

John  Cooppr  desired  that  ther  might  be  a  man  appointed  in 
each  quarter  to  know  what  quantity  of  corne  every  man  hath 
sowen  or  planted  this  yeere,  that  he  is  to  be  pd  for.  And  Jn^ 
Cooppr  propounded,  and  the  court  appoynted  Francis  New- 
man for  Mr.  Batons  quarter,  Mr.  Ling  for  Mr.  Newmans  quar- 
ter, Jervic  Boykine  for  Mr.  Ceffinch  his  quarter,  Rol)ert  John- 
son for  Mr.  Evanc  his  quart',  Jn"  Meggs  for  Mr.  Evanc  his 
lott,  Mr.  Wakeman  for  that  quat',  Richard  Miles  for  y'  quart', 
Henry  Lendall  Jor  that  quart',  Mathew  Camfeild  for  ye  sub- 
verbs  on  ye  other  side  the  creeke,  Sam:  Whithead  for  those 
on  this  side,  Thomas  Nash  for  Mr.  Davenports  quart',  Thom 
Munson  for  Oystershell  feild  &  those  that  live  by  the  east 
creeke  &  on  the  banke  side.  To  wh  men  every  on  w^h  lives 
in  the  quarter  is  to  bring  in  ye  number  of  ac^  of  corne  planted 
or  sowen  by  them  or  for  them  in  any  feild  w'hin  the  two  mile, 
betwixt  this  and  this  day  senit,  vpon  ye  penaltie  for  each  ac^  so 
neglected  4^1.     And  if  any  shall  deale  falsly,  bringing  in  less 


1649]  NEW    HAVEN   COLONY   RECORDS.  4(17 

then  he  hath,  w^h.  a  purpose  to  deceive,  he  shall^be  vnder  such 
punishment  as  the  pticular  court  shall  judge  meete. 


A  Court  at  Newhaven  the  3^^  of  July,  1649.   capt  Astwood  and 

'  Mr.  Disbrowe  being 

p''seiit  w'h  this  courte. 

Mr.  Evanc  declareth  in  an  action  of  debte  for  255'  sterling, 
disbursed  upon  the  shipp  Swallow,  which  is  now  possessed  by 
Mr.  Westerhousen,  for  which  some  Daniell  Peirse,  merchant 
and  pt  owner  of  y^  said  shipp,  binds  himselfe  and  owners,  w^li 
the  shipp  &  all  the  furniture,  to  her  belonging,  for  securitie,  to 
be  paidc  at  Barbadocs  in  cotton  woole,  as  appeares  by  a  bill 
subscribed  by  Daniell  Peirse  m'chant  and  Steeven  Reekes 
master  of  y^  saide  vessell,  witnessed  by  Mr.  Theophilus  Eaton, 
&  Mr.  John  Davenport,  by  which  bill  he  conceives  he  is  to  lie 
paide  the  money  by  the  shipp,  for  the  money  was  expended 
vpon  the  shipp,  w^liout  which  she  was  not  fitt  to  proceede  vpon 
any  voyage,  and  vpon  this  ground  he  demandeth  the  vessell. 
[242]  II  Mr.  Westerhousen  in  answer  delivered  [in]  to  j^ 
court  certayne  of  the  proceedings  of  the  court  in  Vergcnia, 
w'h  an  inv[oyc]e  of  shipp  &  goods,  and  a  testimoney  from  y<= 
shreiffe  w^h  seized  the  shipp  and  delivered  it  to  y^  marriners, 
w<^h  was  now  reade  in  court,  by  which  it  appeared  that  the 
marriners  seized  the  shipp  for  wages,  and  by  a  legall  tryall 
recovered  it,  and  had  it  delivered  to  them  by  ye  shriffe. 

After  which  the  marriners  being  possessed  of  the  shipp  sold 
to  Mr.  Westerhousen,  &now  stand  to  pleade  their  right  in  the 
shipp  by  vertue  of  y^  order  of  y«  court  at  Vergenia.  The 
marriners  were  told  that  here  is  nothing  in  y^  wrigh tings  from 
Vergenia  mentioning  Mr.  Evanc,  nor  doth  it  appeare  that  any 
pleaded  for  Mr.  Evanc  nor  any  copie  of  it.  They  said  that 
Mr.  Benit,  Mr.  Evanc  his  atturney,  pleaded  for  him  and  was 
in  court  when  the  cause  was  cast,  but  they  had  nothing  to  doe 
to  bring  other  mens  wrightings. 

Mr.  Evanc  replyed  that  he  conceives  he  hath  proved  that 
the  shipp  Swallow  was  made  oner  to  him  by  master,  merchant 
&  purser,  and  that  this  was  done,  (they  saye  themselues,)  the 
purser  told  them,  &  wt^hout  this  money  the  shipp  could  not 


468  NEW  HAVEN  COLONY  RECORDS.  [1649 

have  proceeded  vpoii  aii)^  voyage.  Likewise  it  is  cleare  that 
the  mens  wages,  which  is  the  onely  plea,  was  pd  out  of  the 
moneys  disbursed  by  Mr.  Evanc  &  cleered  when  they  went 
henc,  for  tliey  themsehies  demand  but  249^,  and  they  have 
bine  out  from  henc  13  montlies,  and  ther  wages  is  but  20^  a 
month,  so  that  the  wages  must  be  cleared  when  they  depted. 
And  seing  they  knew  that  the  shipp  was  made  ouer,  they 
might  have  chosen  whither  they  would  have  gone  or  no, 
and  that  so  much  was  disbursed  vpon  her  appeared  by  a  note 
pi'sented  in  court. 

The  Governor  propounded  to  y°  marriners,  put  case  a  shipp 
is  vpon  a  voyage,  and  putingin  at  a  port  by  the  way,  throughe 
some  stress  of  weather,  wants  a  new  suit  of  sayles,  or  a  cable 
&  anchor,  the  marriners  buy  them  and  ingage  to  make  paye- 
ment  at  her  port  of  discharge,  if  ther  the  ship  shall  come  to 
be  sold  for  mens  wages,  shall  these  sayles  paye  them  ther 
wages,  which  they  could  not  have  earned  w'^hout  them,  or 
suppose  a  shipp  comes  into  a  harboure,  wants  repaire,  a  worke- 
man  workes  vpon  the  shipp,  carnes  20',  but  before  the  shipp 
goes  awaye,  ther  falls  a  diffcrcnc  &  men  call  for  wages  &  the 
shipp  comes  to  be  sold,  shall  not  the  carpenter  be  paide  for  his 
worke.  They  could  not  saye  but  it  is  equall  he  should,  but 
yett  they  saide  that  the  shipp  is  theirs  by  order  of  y^  court  of 
Vergenia. 

The  plantiffe  and  defendant  having  no  more  to  say,  the 
court  proceeded  to  sentenc,  and  they  find  that  had  the  shipp 
arived  in  due  season  at  Barbadoes,  Mr,  Evanc  might  have 
required  his  debtc  from  the  owners,  &  the  shipp,  w^h  her  fur- 
niture, was  ingaged  for  it,  yett  wheither  the  shipp  be  consid- 
ered as  belonging  to  y^  former  owners,  or  as  new  morgaged 
or  sould  to  Mr.  Evanc,  and  by  his  consent  &  wUi  some  goods 
of  his  goeing  forth  towards  Barbadoes,  God,  by  an  afflicting 
providenc,  keeping  her  at  sea  &  from  her  port  at  Barbadoes 
till  marriners  wages  have  eatton  out  her  vallew,  she  putting 
in  at'Yergenia,  giving  over  her  voyage  and  being  arrested 
vpon  other  acc"*^  &  ingagements,  the  marriners  had,  (as  the 
case  stood,)  y*'  first  &  cheife  right  to  their  wages,  and  y^ 
rather  in  this  case,  because  the  tennour  &  import  of  Mr. 


1649]  NEW   HAVEN   COLONY   RECORDS.  469 

Evanc  his  deede  is  to  secure  his  debte  from  y^  owners  by  the 
shipp  &  her  furniture,  not  from  the  marriners  out  of  y^  wages 
which  should  grow  due  from  henc  to  the  Barbadoes  or  any 
other  port.  They  saw  not  therfore  how  they  could  justly  dis- 
possess the  marriners,  (or  Mr.  Westerhousen  claiming  from 
or  vnder  them,)  of  the  shipp  granted  them  by  sentenc  of  court 
in  Virginea. 

Robert  Neivman,  plant'  )  Mr.  Newman  declareth  that  he 
[Rob'jert  Basset,  defendf  )  being  intrusted  to  dispose  of  M'"'s 
Wilkes  estate,  sold  Robert  Basset  her  house  for  40*  and  past 
it  ouer  to  him  in  this  court,  to  be  paide  halfe  of  it  the  29^^  of 
September  last  past,  and  y°  other  halfe  y''  first  of  May  last, 
but  none  is  paide  but  5*  a  litle  wliilc  agoe,  and  now  Robert 
Basset  would  have  him  take  y^  house  againe,  w«=h  he  cannot 
doe  but  w^li  wronge  to  others,  being  but  a  trustee  in  the 
buisnes. 

Robert  Basset  said  he  was  disabled  by  some  loss  he  hath 
had,  and  if  he  should  in  gage  himselfe  for  further  security,  he 
might  bring  further  trouble,  and  he  doubts  wheither  he  shall 
ever  be  able  to  paye  for  it  or  no,  but  is  willing  to  submitt  to 
any  loss  the  court  shall  thinke  meete,  for  he  acknowledgeth 
the  bargaine,  and  so  leaves  it. 

The  court  declared  that  they  neither  made  nor  can  breake 
the  bargaine,  and  therfore  if  betwixt  this  and  y^  next  court 
satisfaction  be  not  given,  execution  must  goe  forth  if  it  be 
desired. 

Thomas  Meekes  and  Rebecka  Turner  was  called  before  y^ 
court  to  answer  to  their  sinfull  miscariag  in  matter  of  forni- 
cation, w'h  sundry  lyes  added  therto  by  them  both  in  a  grose 
and  hainiouse  manner.  The  matter  hauing  bine  formerly 
[heard  before  the]  gouerner  in  a  private  way,  w«^li  was  now  de- 
[243]  clared  to  y^  court  ||in  ther  p''senc,  and  they  called  to 
answer.  Thomas  Meekes  said  he  could  say  nothing  against 
whath  bine  declared  but  it  is  true,  and  he  desires  to  judge  and 
condeme  himselfe  for  it  in  y^  sight  of  God  and  his  people. 
And  for  Rebecka  Turner,  she  acknowledg  the  things  y^ 
charged  was  true,  and  though  she  had  saide  Thomas  Meekes 


470  NEW  HAVEN   COLONY  RECORDS.  [1649 

had  had  to  doe  w'h  her  but  once,  yett  it  was  oftener,  as  she 
now  saith. 

The  Gouerner  further  declared  to  y"  court,  that  he  hath 
heard  of  sundry  passages  w^h  render  Mr.  Westerhousen  sus- 
picious in  this  buisnes,  first  that  Rebecka  should  say  that  she 
could  not  love  Mr.  Goodanhousen,  but  she  could  love  Mr. 
Westerhousen.  Mr.  Westerhousen  answered  that  she  said 
not  so  to  him,  she  said  allso  that  it  was  not  to  him  luit  to 
some  body  in  y^  house.  Secondly  that  Mr.  Westerhousen 
should  say  to  her  that  if  his  wife  was  deade,  he  would  make 
her  his  wife.  Mr.  Westerhousen  answered  that  he  said  not  so. 
She  said  it  is  true  that  she  said  so,  but  cannot  tell  but  she 
might  be  mistaken,  w^h  y^  court  witnessed  against  in  her. 

Thirdly  that  he  gaue  her  sundry  gifts  to  a  considerable  val- 
lew,  insomuch  that  Mr.  Goodanhousen,  her  father,  was 
troubled  at  it,  and  told  Mr.  Westerhousen  that  he  could  main- 
tayne  his  daughter  w'hout  his  gifts.  Mr.  Westerhouse  said 
it  was  at  y^  faire,  and  then  Mr.  Peirse  gaue  her  lace  for  a 
handkercher,  and  he  gaue  he  cloth. 

Fourthly  that  he  caried  her  behinde  him  to  y^  farme  ;  he 
said  that  on  night  she  was  goeing  to  y^  farme  very  late,  her 
mother  pittyed  her,  he  bid  them  sett  her  behinde  him  &  he 
would  cary  her,  and  so  did. 

Fiftly  that  he  mette  William  Wooden  &  Henry  Humerstone, 
he  coming  from  y«=  farme,  they  goeing  theither,  they  asked  him 
if  he  was  not  at  ther  farme,  or  wheither  he  had  not  called  at 
ther  farme,  to  both  w^h  he  answered  no,  yett  when  they  came 
home  asking  Rebecka,  she  said  he  was  their  and  she  knew  not 
that  he  had  bine  any  wher  else.  Mr.  Westerhouse  denyed  it, 
whervpon  ther  oathes  were  required.  Mr.  Westerhouse 
desired  the  one  might  be  put  forth  whilst  y^  other  tooke  oath, 
and  it  was  so. 

William  Wooden  testifyeth  vpon  oath,  that  he  and  Henry 
Humerston  being  together,  inett  Mr.  Westerhousen  w^hin 
ye  necke  gate,  against  David  Atwaters,  he  asked  him  wher  he 
had  bine,  he  said  at  further  farmes.  William  asked  him,  was 
yow  not  at  o""  farme,  he  said  no.  William  said,  did  yow  not 
call  ther,  he  said  no,  when  he  came  at  farme  he  asked  Rebecka 


1649]  NEW   HAVEN   COLONY  RECORDS.  471 

if  Mr.  Westerhouse  was  not  ther,  she  said  yes,  &  whether  he 
were  any  wher  else,  she  said  not  that  she  knew  of. 

Henry  Humerstone  testifyeth  vpon  oath,  that  vpon  y^ 
highway  as  WilHam  Wooden  &  hce  was  goeing  home  to  y^ 
farme,  they  mett  Mr.  Westerliouscn  and  asked  him  wher  he 
had  bine,  he  said  at  y  other  farmes  beyonde,  this  deponent 
said  was  yow  not  at  o^  farme,  he  said  no,  did  yow  not  call  ther, 
he  said  no,  at  w^h  they  wondered  ;  when  they  came  at  farme 
William  Wooden  asked  Rebecka  if  Mr.  Westerhousen  was  not 
ther  yt  day,  she  said  yes,  he  asked  her  if  he  was  any  wher 
else,  she  said  no,  he  asked  her  what  he  did  ther,  but  what  her 
answer  was  he  cannot  tell. 

Sixtly  that  he  hath  line  at  y^  farme  in  y^  same  roome  w^h 
her,  as  Hen  :  Humerston  &  Will  Wooden  say. 

The  Gouerner  told  y«  court  that  they  hauc  heard  y^  severall 
passages  of  y^  buisnes  concerning  Thomas  Meckes  and  Re- 
becka  Turner,  wherin  beside  y^  fornication  ther  hath  bine 
much  impudenc  in  lying,  cspicially  one  his  pte,  calling.God  to 
witness  y"  truth  of  a  thing  w^h  himselfe  knew  to  be  false,  as 
he  now  professeth.  Allso  y^  passages  concerning  Mr.  Wester- 
housen, and  what  is  proved  vpon  oath,  yettnot  owned  by  him, 
w'^h  leaves  y^  court  much  vnsatisfyed. 

Matters  being  thus  prepared,  before  y^  court  proceeded  to 
sentenc  Mr.  Goodanhouse  desired  to  speake,  and  desired  the 
court  to  consider  that  Rebecka  is  weake  and  hath  sore  breasts 
&  a  froward  child,  that  therfore,  if  it  may  be,  they  would 
spare  corporall  punishment,  and  if  they  laid  a  fine  he  would 
see  it  paide. 

The  court  having  heard  and  weighed  what  was  spoken  pro- 
ceeded, and  ordered  that  Thomas  Meckes  be  severely  whipped 
for  this  folly  of  sinnfull  vncleanness,  and  for  his  lying  and  mis- 
cariagcs  that  way  y*^  he  fined  5'. 

For  Rebecka  Turner  that  she  allso  be  whipped,  if  in  reffer- 
enc  to  herselfe  and  child  it  may  stand  w'h  due  mercy,  but 
vpon  a  veiw  &  search  <fe  a  report  made  hj  the  midwife  and  sis- 
ter Kimberly,  the  court  saw  cause  to  forbeare  that,  and  or- 
dered her  to  paye  a  fine  of  10^,  w^h  Mr.  Goodanhousen  prom- 
ised to  paye  for  her. 


472  NEW   HAVEN    COLONY   KECORDS.  [1649 

Beiiiamiiie  Wright,  of  Guilford,  liauing  bine,  at  a  court  of 
magistrats  held  at  Newhauen  in  May  last,  charged  w4i  and 
proved  guilty  of  sundry  grose  miscariages,  for  w^li  he  deserved 
seveere  correction,  but  ye  court  seeing  some  showe  of  remorse, 
and  hoping  for  better  fruit  then  now  they  see,  vpon  Mr,  Disbur- 
ow  request,  past  it  by,  vpon  condition  that  he  should  make  a  full 
acknowledgment  at  Guilford  of  his  sever  all  miscariages,  as  he 
had  done  in  court  and  promised  to  doe  ther,  as  appeared 
[244]  II  by  the  proceedings  of  that  court  w^h  was  now  read, 
but  when  he  came  at  Guilford  and  should  have  made  his 
acknowledging,  he  refused,  and  in  a  stubborne  and  bold  way 
said  he  must  fall  vnder  many  things  because  he  wanted  proofs, 
as  appeares  by  a  note  vnder  ye  hand  of  Mr.  Leete,  Secretary 
at  Guilford,  and  said  that  he  had  acknowledged  he  went  aboute 
to  delude  the  townes  order  because  the  gouerner  did  so  threaten 
him,  as  is  testifyed  by  Mr.  Leete,  Mr.  Chittendine  &  Mr.  Jor- 
dan, vpon  oath  taken  before  Mr.  Disbrowe,  July  2"i,  1649. 

Wright  was  asked  what  threatening  was  vsed,  but  he  ans- 
wered not.  Hee  was  told  that  he  had  bine  brought  to  corpo- 
rall  punishmt  before  but  y^  he  made  that  acknowledgment  he 
did,  and  gave  hopes  of  l)etter  fruit  then  appeares,  for  instead 
of  doing  what  he  promised,  he  returnes  to  his  former  pride 
and  stubbornness  againe,  and  when  he  was  bound  to  appcare 
at  this  court,  and  put  in  baile  to  doe  it,  he  came  to  y^  magis- 
trate and  told  him  plainly  he  would  not  come  ther,  as  Mr. 
Disbrowe  affirmed  before  him  and  he  denyed  it  not.  Hee  was 
therfore  desired  to  speake  if  he  could  show  any  reason  why  he 
should  not  now  have  sharp  punishm*^  inflicted.  Hee  said  he 
can  say  nothing  against  it  but  it  is  just,  for  though  he  had 
thoughts  when  he  went  from  y^  court  to  doe  as  he  had  saide, 
yett  God  left  him  and  he  returned  to  his  former  course  againe, 
because  he  was  not  faithfuU  to  those  purposes  that  God  had 
put  into  his  heart. 

The  sentenc  of  the  court  concerning  Benjamin  Wright  is 
that  he  bee  seveerly  whipped  lieare  at  Newhauen,  and  a 
month  henc  at  Guilford,  and  that  he  paye  as  a  fine  to  y  juris- 
diction, 10^,  for  ye  charge  &  trouble  he  hath  put  them  too. 

Mr.  Goodanhousen  pi'sented  in  court  a  wrighting  by  w^h  it 


1649]  NEW   HAVEN    COLONY   EECORDS.  473 

appeared  that  tlier  is  sundry  accounts  betwixt  Mr.  "Westerliou- 
sen  and  liimselfe  W^li  hee  desires  may  be  cleared,  and  allso  a 
bill  of  ]\[r.  Westerliousens  of  90\  w°h  lie  is  to  paye  to  Major 
Gibbons  for  him  y"  said  Sam:  Goodanhousen. 

Mr.  Westerhouse  said  that  Mr.  Goodanhouse  owes  him 
money  allso,  whervpon  for  the  matter  of  accounts,  the  gouer- 
ner  propounded  to  them  that  they  would  put  it  to  arbytration, 
that  acc°'s  might  be  issued  betwixt  them,  and  the  matters 
ended  in  a  louing  way,  to  w^h  they  both  consented,  and 
before  the  court  chose  Mr.  Goodyeare,  Mr.  Evanc,  and  Mr. 
Gilbert  for  a  third  man,  and  they,  the  said  Sam:  Goodanhou- 
sen &  William  Wcsterhousen,  binde  themselues  in  100'  a  pec 
to  stand  to  y<=  arbytration  of  these  three  men  chosen  by  them- 
selues shall  make,  this  to  bcgine  one  y^  hixth  day  of  y°  weeke 
next,  and  to  be  issued  by  y^  last  day  at  night  following,  and 
for  ye  bill  to  Major  Gibbons,  the  sentenc  of  y^  court  is,  that 
Mr.  Wcsterhousen  paye  it  according  to  y^  bill  &  y^  charges  of 
this  court  beside. 

Lancelot  Fuller,  jjlanf,  \  Lancelot  Fuller  declared  that  Mrs. 
Fra:  Neivman  and  his  >  Newman  had  wronged  his  wife,  say- 
wife,  defendants.  )  ing  she  had  interteined  young  men 
or  a  young  man,  (Mr.  Stone  by  name,)  in  her  husbands  ab- 
senc  &  made  a  feast  or  breakefast  for  him,  &  that  his  wife  hav- 
ing heard  of  it  abroad,  went  to  Mrs.  Newman  &  desired  noth- 
ing but  due  satisfaction  in  private,  according  to  y°  nature  of 
ye  case.  Mrs.  Newman  said  she  was  sorrey  for  it,  his  wife 
thought  that  not  sufficient  except  she  clered  her  where  it  had 
bine  spoken,  and  to  her  husband  when  he  comes  home.  M''« 
Newman  said  she  knew  not  how  to  doe  y',  his  wife  said  she 
must  then  learne,  whervpon  Mrs.  Newman  told  her  she  were 
best  hold  her  tongue  &  say  no  more  in  it,  for  if  she  did  not 
put  vp  that,  it  would  bring  out  worse.  Lancelot  Fuller  ther- 
fore  desired  to  knowe  what  that  worse  is  w^h  it  would  bring 
out. 

The  court  calling  for  proofe,  Mrs.  Higenson  vpon  oath  testi- 
fied that  she  heard  M^'s  Newman  say  that  Goodwife  Fuller 
intertayned  a  young  man  in  her  husbands  absenc,  &,  made  a 
diner  or  a  breakfast  for  him,  (Mr.  Stone  by  name.)  Being  asked 
GO 


474  NEW   HAVEN    COLONY   EECORDS.  [1649 

how  this  came  to  he  piihUshed,  she  answered  the  elders  wife 
was  p'sent  when  Mrs.  Newman  spake  it,  hut  it  came  thus, 
(as  she  conceiveth,)  to  be  published;  she  asked  her  brother, 
Charles  Higenson,  why  he  staid  out  so  late  and  came  not 
home  in  seasonable  time,  he,  (as  she  remembers,)  named  some 
places  wher  he  had  bine,  as  at  Mr.  Goodanhouse  at  y^  ordi- 
nary, &  said  as  he  was  coming  home  he  went  into  goodwife 
Fullers  to  take  a  pipe  of  tobaco  &  stayed  some  time  ther, 
whervpon  she,  this  deponent,  asked  him  why  he  did  so  &  did 
not  come  home,  she  said  it  would  be  taken  notice  of  &  give 
occasion  of  speech,  and  thervpon  told  him  what  she  heard, 
and  ye  next  Saboth  day  on  asked  Charles  Higenson  to  goe 
take  a  pipe  of  tobaco  at  Goodwife  Fullers,  &  he  would  not, 
but  told  him  what  he  had  heard.  Goodwife  Fuller  to  this 
replyed,  that  Charles  Higenson  came  in  w'h  her  brother,  Sam  : 
Marsh,  they  having  bine  together  at  j^  gouerners.  She  was 
asked  what  was  y«  reason  William  Andrewes  came  theither. 
She  answered  he  never  came  late,  nor  did  she  let  any  come 
but  aboute  buisnes,  &  when  ther  buisnes  was  don  she  bid  them 
be  gone,  and  would  not  lot  them  come  in  if  it  were  late. 
[245]  II  Lancelot  Fuller  saith  further  that  Mrs.  Newman  com- 
ing after  to  his  wife,  told  her  she  were  best  hold  her  tongue 
or  else  it  would  bring  out  worse,  for  proofe  Hanah  Gregson 
testified  that  M^'^^  Newman  said  she  was  sorrey  for  what  she 
had  spoken  and  she  could  doe  no  more,  if  Goodwife  Fuller 
were  not  satisfied  she  must  goe  w'hout  satisfaction,  adding 
that  would  bring  out  worse.  For  farther  proofe,  Abraham 
Kimberly  vpon  oathe  testified,  that  goeing  to  Goodwife  Fullers 
for  a  band,  he  heard  some  body  talking,  and  standing  still  he 
saw  Mi"!^  Newman  &  heard  her  saye  she  was  sorrey  she  had 
given  such  an  offenc,  or  to  that  purpose.  Goodwife  Fuller 
said  that  would  not  serve.  Mrs.  Newman  replyed  if  she 
would  not  take  that  for  satisfaction  she  must  goe  w^hout  satis- 
faction, &  said  yow  were  best  let  tliis  dye,  for  feare  least  it 
.bring  out  more.  Lancelot  Fuller  further  declared  that  when 
Francis  Newman  came  to  his  wife  to  heale  y^  buisnes,  (as 
probably  he  intended,)  he  made  it  worse,  charging  his  wife 
w^h  things  he  cannot  prove,  first  tliat  she  had  made  a  proverb 


1649]  NEW   HAVEN   COLONY   RECORDS.  475 

&  song  of  ye  satisfaction  his  wife  had  given,  w^h  his  wife  de- 
nyeth,  &  secondly  Mr.  Newman  told  Goodwife  Puller  that  she 
was  one  brought  to  y°  court  for  her  tongue,  and  in  a  thret- 
uing  manner  said  he  would  tame  her  tongue,  for  he  knew  well 
inough  what  she  was,  and  for  proofe  l)rought  Rcbecka  Greg- 
son,  who  testified  that  Francis  Newman  coming  to  Goodwife 
Fullers  told  her  she  had  made  a  proverbe  &  songe  of  his  wives 
satisfaction.  She  said  she  had  not.  Mr.  Newman  affirmed  she 
had,  cfe  said  she  was  one  brought  into  y"^  court  for  her  tongue 
and  he  would  tame  her  tongue.  Goody  Fuller  denyed  that 
she  was  brought  into  j^  court  for  her  tongue,  and  told  him 
she  should  haue  scorned  to  haue  told  any  lyes  of  them.  Mr. 
Newman  asked  if  he  had  told  any  lyes  of  her,  she  said  his 
wife  had,  &  he  and  his  wife  were  one.  Mr.  Newman  asked 
goodwife  Fuller  what  satisfaction  she  would  haue,  she  ans- 
wered she  desired  to  be  cleared  where  she  was  wronged,  and 
if  any  man  of  wisdome  and  judgment  would  say  that  was  sat- 
isfaction w^h  was  tendered,  she  would  fall  vnder  all,  she  said 
she  would  have  put  vp  that,  if  his  wife,  before  others,  had  not 
spoken  as  if  ther  were  some  worse  thing  against  her. 

Francis  Newman  declared  in  court  that  vnderstanding  from 
Mr.  Higenson  that  Goodwife  Fuller  made  a  proverb  of  his 
wives  satisfaction,  he  went  to  cleare  it,  told  her  what  he  had 
heard,  that  vpon  her  denyall  it  ended  wUi  him,  but  she  fell  into 
high  words.  Rebecka  Gregson  testified  that  Mr.  Newman  bid 
Goodwife  Fuller  doe  her  worst  &  she  bid  him  doe  his  worst, 
that  Goodwife  Fuller  was  high,  but  not  so  high  as  he. 

Francis  Newman  complained  that  Goodwife  Fuller  said  his 
wife  was  a  lyar,  and  that  she  would  scorne  to  goe  vp  &  downe 
to  cary  lyes  as  they  did,  &  when  he  asked  what  lyes  he  caryed 
vp  &  downe,  she  answered  he  and  his  wife  were  all  one,  wher- 
vpon  he  told  her  she  was  one  in  y^  court  for  her  tongue,  &  if 
she  would  not  rule  her  tongue  he  must  haue  it  ruled,  he  now 
added  that  he  app'-hended  her  tongue  was  y^  cause  of  he  being 
brought  into  ye  court.  Goodwife  Fuller  declared  what  had 
passed  betwixt  Fra:  Newman  and  her,  &  Mr.  Newman  an- 
swered, but  both  to  ye  same  purpose,  as  is  before  expressed. 

Lancelot  Fuller  to  clere  his  wife  al)oute  yc  forementioned  in- 


476  NEW   HAVEN   COLONY   RECORDS.  [1649 

vitatioii,  informed  y"  court  yt  it  was  hmselfe  (and  not  his  wife) 
that  invited  Mr.  Stone  and  M.  Westerhouse  w^h  him  to  breck- 
fast,  and  it  was  by  way  of  returne  for  intertainment  &  kindncs 
he  received  from  Mr.  Stone  in  y^  Bay,  and  M.  Westerhouse 
being  p'"scnt  testified  in  court,  that  Lanclot  Fuller  did  invite 
Mr.  Stone  &  himselfe  to  his  house, 

Vpon  due  consideration  of  y^  p'"mises,  the  court  tooke  notice 
of  that  passage  wher  Goodwife  Fuller  saith  she  would  haue 
scorned  to  goe  vp  &  downe  w^h  lyes,  &c.  and  that  she  would 
haue  wrapt  vp  Mr.  Newman  in  yc  guilt,  they  told  her  it  was 
from  her  pride  and  selfe  confidenc,  and  that  vsually  leaues 
such  to  miscary,  but  in  refferenc  to  the  action  as  it  hath  bine 
opened  &  proved,  they  find  that  M"^^  Newman  was  out  of  her 
way  &  breake  rule  in  receiving  a  reproach  against  a  neighbour 
from  Mary  Pery  a  girle,  that  y^  spreading  of  it  increased  y° 
sinn,  and  tended  to  y^  defamation  of  Goodwife  Fuller,  &  that 
the  satisfaction  tendered  was  short  of  what  the  case  required, 
not  reaching  to  y^  healing  of  her  name  so  farr  as  she  might 
[246]  haue  gone,  ||  and  that  those  after  passages,  if  Good- 
wife  Fuller  were  not  satisfied  she  must  goe  w^hout  satisfaction, 
and  that  she  were  best  let  this  dye  for  feare  it  should  bring  out 
more  or  worse,  were  full  of  provocation  and  did  increase  y^ 
offence.  And  for  Mr.  Newman,  the  court  also  found  that  he 
fell  short  of  his  duty,  both  in  not  pressing  y^  rule  vpon  his 
wife,  that  by  due  satisfaction  the  matter  might  have  bine  ended 
in  private,  and  that  himselfe  instead  of  speaking  healing  words 
did  vnnecessaryly  provoake,  in  saying  Goodwife  was  one 
brought  into  y*^  court  for  her  tongue,  &  that  he  would  tame 
her  tongue  or  must  haue  it  ruled ;  y  court  remembred  y^  pas- 
sage aimed  at,  and  that  Goody  Fuller,  (then  maid  servant  to 
M.  Evanc)  was  plantife,  they  caused  y^  tryall  of  that  action  to 
be  read,  and  found  M.  Newman  was  out  of  his  way  in  making 
such  vse  of  that  suit  in  this  case,  when  he  should  rather  haue 
aplyed  himselfe  to  make  vp  what  was  defective  in  his  wives 
satisfaction,  they  therfore  thought  fitt  and  ordered,  that  Mr. 
Newman  paye  5'  to  Launclot  Fuller  &  his  wife,  to  repaire  her 
in  poynt  of  injury. 


1649]  NEW   HAVEN    COLONY   RECORDS.  477 


At  a  Court  held  at  Newhaven  the  7'-''  of  August,  1(349. 

Rogger  Allen  &  John  Brocket  being  both  warned  to  watch 
neglected  and  came  not.  Rogger  Allen  being  in  conrt  an- 
swered that  it  is  true  he  had  warning  but  forgott  to  tell  y« 
man  that  he  hired  to  watch  for  him.  For  Jn"  Brocket  Mr. 
Evanc  said  he  was  w'h  him  and  sent  this  answer  to  the  court, 
that  he  conceives  he  is  exempted  from  watching  l)y  the  court 
order,  but  Jn°  Brocket  not  being  pi'sent  and  y-  last  order 
made  aboute  that  not  being  in  court,  it  was  refferred  till  y^ 
gouerner  come  home.  For  Rogger  Allen  the  court  ordered 
that  he  paye  y  fine  w^h  is  5^. 

Nickholas  Slooper  for  being  found  aslcepe  in  y^  meeting- 
house when  hee  should  have  bine  vpon  his  watch  was  fined 
2s  6J. 

William  Judson  was  fined  because  his  man  Jn^  Knight 
came  not  to  trayne  one  squadron  day,  2^  (3'',  for  when  his  man 
would  haue  gone  and  told  him  it  was  time  he  w4dield  him. 
He  saith  himsclfe  because  he  went  to  trayne  y^  day  before 
when  they  trayned  not  because  it  rained,  yet  his  man  staled 
out  till  night,  but  was  told  he  must  lookc  to  his  man  for  that. 

Mr.  Rudderford  &  Pliillip  Galpin  were  appoynted  to  prise 
y  estate  of  Addam  Beere  a  Duchman  that  dyed  at  William 
Andrewcs,  &  y*  an  inventorie  be  brought  in  court. 

Mr.  Evanc  hath  sold  to  Mathew  Moulthrop  4  ac'^  2(3  rod  of 
Mr.  Trobridges  first  devission  of  land  lying  on  j^  west  side. 

Mr.  Evanc  hath  sold  to  Mathias  Hitchcocke  4  ac^  26  rod  of 
Mr.  Trobridges  first  devission  of  land  lying  on  ye  west  side. 

Mr.  Evanc  hath  sold  to  William  Ives,  now  possessed  by  Wil- 
liam Basset,  4  ac*  26  rod  of  Mr.  Trobridges  first  devission  of 
land  lying  on  y^  west  side. 

William  Basset  passeth  oner  to  Robert  Emry  one  house  and 
barne  somtime  Edward  Banisters,  w'h  6  ac'"^  &  |  of  vpland  on 
this  side  y^  West  River  in  y^  subverbes  quarter,  the  front  to 
yt-  west  lane,  y«  reare  to  y^  midle  of  y^  quarter.  And  3  ac^ 
of  meddowe  in  y^  west  meddow  lietweene  Jn^  Clarke  &  An- 
thony Tompson,  on  end  butting  vpon  y^  West  River,  y^  other 


478  NEW  HAVEN  COLONY  RECORDS.         [1649 

end  vpoii  y^  quarter;  and  30  ac'-"*  of  vpland  on  ye  other  side  of 
y°  West  River. 

Jeremiah  Osborne  informed  the  court  that  Henry  Pecke 
reported  that  their  maide  (Sarah  Ollard,)  was  w.'h  child  Ijy 
him  y''  said  Jeremiah.  Henry  Pecke  answered  that  such  a 
report  of  y^  maid  was  brouglit  into  his  liouse  as  he  toolvc  it 
vp,  but  vpon  examination  it  proved  to  be  but  a  supposition, 
and  he  reported  that  it  was  so,  but  he  sees  that  it  was  his  mis- 
take and  his  sinn  &  is  sorrey  that  he  was  so  fooHsh  to  speake 
so,  and  for  Jeremiah  being  the  father  of  it,  it  was  his  mistake 
also,  for  he  hearing  some  a  talking  of  Jeremiah  and  the  maide, 
tooke  it  vp  that  they  spake  of  that  matter  and  him  to  be  y^ 
father,  but  vpon  examination  it  appeared  they  spake  of  no  such 
thing,  but  that  Jeremiah  w^as  to  haue  her,  but  vpon  this  mis- 
take he  reported  it.  He  was  asked  whoe  brought  it  to  his 
liouse,  lie  said  goodwife  Bunill.  Goodwife  Bunill  said  that 
she  had  said  to  goodwife  Pecke  that  goodwife  Charles  wished 
ther  was  no  more  in  y^  towne  in  Rebecka  Turners  case,  for 
tlier  was  a  maide  that  satt  neere  her  at  meeting  that  did  bar- 
[247]  nisli  apace,  ||  but  she  named  nobody,  nor  could  she 
tell  who  it  was,  and  she  said  to  goodwife  Charles,  if  that  be 
yo''  thoughts  yow  were  best  speake  of  it  wher  yow  best  may. 
Goodwife  Charles,  that  she  and  Thomas  Marshall  (whoe  was  at 
worke  at  her  house,)  being  speaking  aboute  Rebecka  Turner, 
what  a  sad  thing  it  was,  she  said  it  is  well  if  ther  be  no  more 
in  her  case,  she  remembers  no  more  that  she  saide.  Henry 
Pecke  was  asked  if  he  had  any  witnes  that  could  cleare  it  that 
either  of  these  women  was  y°  anther  of  this  report,  he  said  he 
had  none.  The  plantifs  hauing  also  spoken  what  they  would 
in  ye  case,  the  court  proceeded  to  sentence,  and  ordered  that 
Henry  Pecke  paye  to  Jeremiah  Osborne  &  Sarah  Ollard  for  y^ 
wrong  he  hath  done  them  5',  w^h  is  to  be  devided  betwixt 
them. 

Mr.  Crane  complained  of  Samuell  Whithead  for  leaving 
open  tjier  quarter  gate,  he  owned  the  thing,  but  said  y^  fenc 
was  downe  aboute  it.  Mr.  Crane  sd  true,  and  was  fined  for 
it,  and  y^  gate  also  because  catle  came  in  at  it.  The  court 
declared  themselues   that  they  could  not  alter  the  generall 


1649]  NEW   HAVEN    COLONY   RECORDS.  479 

courts  order,  and  therfore  Samuel  Whithead  must  payc  for 
this  miscariao;  5^ 


At  a  Court  held  at  Newhaven  the  4^^  op  September,  1649. 

The  last  will  and  Testament  of  Edward  Banister  (deceased) 
was  p'"sented  in  court,*  made  the  8"'  of  May,  1649,  confirmed 
by  his  owne  hand  and  witnessed  by  Richard  Miles,  William 
Andrewes  &  Jn"  Nash,  whoe  now  in  court  tooke  oath  that  the 
said  Edward  Banister  l)eing  in  good  vnderstanding  and  mem- 
ory as  farr  as  they  could  judg,  did  make  this  wrighting  now 
pi'sented  in  court  to  W^h  their  hands  are  subscribed,  his  Jast 
will  and  testament.  Also  the  inventory  of  y^  estate  of  the 
said  Edward  Banister  was  p''sented  in  court,  amounting  to 
6Q^ :  04:  00,  made  the  21th  of  May,  1649,  prised  by  Richard 
Miles,  William  Andrewes  and  John  Nash,  vpon  oath  for  y^ 
valew  of  the  goodes,  and  Ellen  Banister  widdow  and  executrix 
of  ye  last  will  &  testament  of  her  deceased  husband,  tooke  oath 
that  his  whole  estate,  to  y«  best  of  her  light  and  knowledg  is 
conteyned  in  y"^  pcells  and  pticulars  mentioned  &  prised  in  the 
said  inventorie. 

The  court  granted  to  William  Davis  administration  vpon  y^ 
estate  of  James  Hayward  deceased,  and  he  accepted  it  and 
delivered  into  y°  court  an  inventorie  of  the  estate  of  the  said 
James  Hayward,  amounting  to  00:  4:  7'',  beside  59:  0:  0  in 
y^  ship  Fellowship,  prised  by  William  Andrewes,  Thomas 
Munson,  Thomas  Kimberly  and  Thomas  Wheeler  jun'',  vpon 
oath  for  y^  vallew  of  it.  And  William  Davis  ye  administrator 
tooke  oath  that  ye  whole  estate  of  James  Hayward,  to  the  best 

*  The  last  will  and  testament  of  Edward  Banistei-  late  of  New  Haven  deceased 
made  8tli  of  May,  1649. 

He  gives  his  daughter  ten  pounds  more  than  his  wife,  his  daughter  to  receive  her 
portion  when  she  is  sixteen  years  of  age — makes  his  wife  executrix,  and  elder  New- 
man and  Francis  Newman  overseers  of  his  will. 

Goodman  Miles  is  to  have  his  daughter  to  bring  her  up  till  she  is  sixteen  years  of 
age — his  wife  and  the  overseers  to  have  the  dispose  of  her  marriage — if  his  daughter 
die  before  she  come  to  sixteen  years  of  age,  her  portion  to  return  to  her  mother-  if 
they  both  die  without  a  lawful  heir,  then  it  shall  go  to  the  churches  use.  The  mark  of 
Edward  Banister,  witnesses,  Richard  Miles,  William  Andrewes,  John  Nash,  the  mark 
of  Thomas  Wheeler. 


480  NEW  HAVEN  COLONY  RECORDS.  [1649 

of  his  light  and  knowledg,  is  conteyned  in  y^  pcells  &  pticulars 
mentioned  and  prised  in  the  said  inventory.* 

Mr.  Samuel  Goodanhousen  was  called  to  give  in  security 
for  the  portions  of  his  wives  chilldren.  Hee  said  he  had  paide 
Mr.  Yale  35',  w=h  he  accepted  for  full  satisfaction  for  his  wives 
portion,  and  for  Thomas  Meekes  he  is  willing  to  accept  of  the 
house  and  19  ac'^  of  land  next  the  towne  (lying  hy  y°  necke 
highway)  for  ye  portion  of  Rebecka  Turner,  now  his  wife,  and 
Thomas  Meekes  declared  in  court  that  he  is  willing  to  accept 
of  ye  said  19  ac^  of  land,  be  it  more  or  less  &  y^  house  & 
home  lott  &  barne  at  towne,  in  full  satisfaction  for  his  wives 
portion,  and  Mr.  Goodanhouse  did  now  in  court  pass  the  house, 
home  lot  &  barne,  and  the  said  19  ac''^  of  land,  be  it  more  or 
less,  w«=h  was  Capt.  Turners,  and  Thorn  Meekes  accepted  it  for 
full  satisfaction. 

For  the  rest  of  the  chilldrens  portions,  the  court  refferred 
Mr.  Goodanhousen  till  y^  next  court,  that  he  might  consider 
w^i  his  wife  aboute  it,  for  the  portions  of  y*^  chilldren  doe 
come  to  more  then  35'  a  pec,  according  to  y^  order,  the  estate 
being  as  it  is,  and  then  the  court  will  consider  of  it  againe. 

The  portions  of  M'"'s  Goodyeares  chilldren  were  allso  con- 
sidered of,  but  some  difficulty  appearing,  it  was  respited  to  y<^ 
next  court,  and  in  y^  meane  time  Mr.  Goodyeare  was  desired 
to  confere  wt^h  the  gouerner  &  Mr.  Evanc  to  prepare  it  for  ye 
next  court,  y'  the  estate  may  be  equally  devided,  that  the 

*  Date  of  the  iuventon'  not  given. 

Carpenters  tools  and  lumber,  prised  by  Thomas  JIunson,  William  Andrewes,  sum 
£57,18,7. 

Debts  due  to  the  estate — From  Derrecke  Johnson  £10,  10,  from  Mr.  Goodj'car  .£16, 
19,  from  William  Holt  £1,  8,  4,  from  Jeremiah  Osborne  £0,  7,  from  Ephniim  Pening- 
ton  £0,  3,  from  Richard  Beech  £0,  16,  from  John  Beech  £0,  5, 11,  from  Thomas  Jloris 
£0,  16,  8,  besides  his  part  in  the  ship  Fellowship  £59. 

The  Estate  of  James  Hay  ward  is  Debtor — To  Mr.  Evans  .£4,  11,  10,  to  John  Jack- 
man  £0,  10,  to  John  Gibbs  £0, 18,  to  Jeremiah  Whitnel  £0,  18,  to  Thomas  Johnson 
£0,  4,  to  Henry  Glover  £3, 13,  7,  to  the  smith  at  Stratford  £0,  3,  to  Robert  Usher  £3, 
to  Phillip  Leeke  £5,  to  John  Tompson  £1,  18,  to  widow  Preston  £0,  5,  to  John  Harri- 
man  £0,  10,  6,  to  Richard  Williams  £0,  12,  to  Richard  Webb  £0,  5,  3,  to  John  Tomp- 
son, farmer  £0, 1,  to  William  Fowler  £0,  9,  6,  to  Ralph  Dayton  £0,  5,  6,  to  William 
Davis  £2,  3,  to  John  Moss  of  Boston  £4  to  Mr.  Ting  of  Boston,  for  a  but  of  wine  £12, 
10,  to  Edward  Fletcher  of  Boston  £4,  15,  9,  to  Thomas  Munson  £0,  2,  6,  to  William 
Pecke  £0,  4,  6,  to  the  ferryman  £0,  1,  4,  to  Thomas  Osborne  £2,  2,  to  Henry  Bristow 
£0,  6,  to  Benjamin  Willmot  £0,  3,  to  Mr.  Gibbard  £0,  14,  7,  to  Mr.  Crane  £0,  4,  to 
Mr.  Hooke  £0,  5,  3,  to  Mr.  Atwater  £6,  7,  8,  to  John  Basset  £0,  2.  Court  charges 
£0,  6.    Total  £57,  12,  9. 


1649]  NEW   HAVEN   COLONY  EECORDS.  481 

mother  and  the  chilldreii  may  hauc  ther  due  proportions,  both 
in  the  better  &  more  hazardous  pts  of  the  estate. 

Mr.  Gibbard  <fe  Richard  Miles,  calling  Thorn  Moris  to  them, 
were  desired  to  prise  the  estate  of  Adam  Becre  a  Duchman 
w^h  dyed  at  William  Andrewes,  and  to  bring  the  inventorie  of 
it  into  the  court,  according  to  order. 

Thomas  Munson  tooke  oath  that  j^  apprism^  he  made  of 
Robert  Prestons  goods  or  estate  was  justly  done. 


At  a  Generall  Court  held  at  Newhauen  the  10'''  of  Sep- 
tember, 1649. 

The  Governor  acquainted  the  court  w^h  the  rumores  he 
lieares  concerning  the  Indians  and  allso  w'h  what  Thomas 
Stanton  brought  in  way  of  returne  from  them,  in  w^h  answers 
and  cariages  ther  pride  and  insolencie  appeared,  so  that  ho 
conceives  it  is  not  safe  for  the  towne  to  goe  on  in  ther  watch 
as  it  was  last  ordered,  but  that  some  other  manner  of  watch 
be  setled  for  y^  p'sent,  and  likewise  that  y"  gaurd  be  doubled 
on  ye  Lords  dayes  and  lecture  dayes,  and  that  men  whose 
turne  it  is  not  to  bring  amies,  yet  bring  ther  swords. 

The  court  considered  of  the  things  propounded,  and  refferred 
the  wholy  ordering  of  these  matters  and  what  else  is  necessary 
to  yc  pticular  court  and  y^  sarjants  joyned  w'h  them. 
[248]  II  The  Gouerner  also  informed  the  court  that  ther  is 
need  that  a  generall  court  be  called  for  yc  jurisdiction  & 
thcrfore  deputies  must  be  chosen  for  this  towne,  and  accord- 
ingly Mr.  Crane  and  Francis  Newman  were  chosen  deputies 
for  y<5  next  generall  jurisdiction  court,  and  to  contincw  as 
deputies  for  that  service  vpon  any  ocasion,  till  y^  chusing 
of  deputies  for  the  generall  jurisdiction  court  to  be  held  in 
May  next. 

The  Gouerner  further  informed  the  court  that  Sarjant  Mun- 
son is  aboute  goeing  to  Connecticote,  to  staye  their  this  win- 
ter, therfore  the  court  maye  consider  whetlier  it  be  safe  for  ye 
towne  to  lett  him  goe,  seeing  Sarjant  Andrewes  is  not  at  home. 
The  court  thought  it  not  fitt  that  he  should  now  goe,  but 
61 


482  NEW  HAVEN  COLONY  RECORDS.         [1649 

desired  the  gouerner  to  informe  them  at  Connecticote  whom 
it  concernes,  that  it  is  not  his  neglect  but  the  towne  hinders 
him  for  publiqne  respects. 

It  is  ordered  that  next  fourth  day  ther  be  a  view  of  armes 
in  ye  morning  before  lecture,  and  trayning  in  y"  afternoone  if 
it  be  faire,  and  if  not,  that  then  the  trayning  be  the  next  second 
day  following. 


At  a  Generall  Court  for  Newhaven  the  24' '»  of  Septem- 
ber, 1649. 

J  no  Ponderson,  Jn"  Moss  &  Nickholas  Elsy  had  libbertie  to 
depart  the  court. 

The  Governer  acquainted  the  court  that  the  generall  juris- 
diction court  have  thought  meete  that  provission  be  made  and 
in  a  readines  for  our  defenc  against  the  Indians,*  and  for  a 
goeing  forth  of  men,  if  ther  be  ocasion,  though  they  know  not 
what  will  be  don  till  they  haue  advised  w'h  other  colonies,  for 
w^h  purpose  letters  are  sent  to  them,  but  for  y°  l^etter  make- 
ing  provission  for  ourselues,  they  haue  laid  a  rate  vpon  the 
jurisdiction,  of  200^,  of  which  Newhaven  is  to  paye  93':  16^: 
OQd,  beside  ther  pte  of  ther  former  rate,  Av^h  was  70' :  07« :  00^, 
both  w'^h  are  to  be  paide  now  p'sently,  viz'' :  one  halfe  by  the 
first  of  October  next,  the  other  halfe  by  the  first  of  November 
next  following,  to  be  paid  either  in  money,  beavour,  good 
wampom,  or  in  wheat  at  4%  6'',  pease  or  rye  at  3^^:  6'',  Indian 
corne  at  2^ :  6'',  beefe  or  porke  as  they  can  agree  w'h  the  treas- 
urer. The  court  considered  of  what  is  propounded,  and 
ordered  that  1  year  and  a  halfe  rate  l)e  paide  forthw'h,  beside 
the  ordinary  rate  due  in  October  next. 


*  The  gcnei'al  court  of  Connecticut,  Sept.  13,  1649,  taking  into  serious  consideration 
what  might  be  done  according  to  God  in  way  of  revenge  of  the  blood  of  John  Whitt- 
more  late  of  Stamford,  and  well  weighing  all  cii'cumstances  together  with  the  cariage 
of  the  Indians  bordering  thereupon,  in  and  about  the  premises,  declared  themselves 
that  they  judged  it  lawful,  and  according  to  God,  to  make  war  upon  them,  they  there- 
fore desired  the  deputj^  governor,  Mr.  Ludlow  and  Mr.  Talcott  to  ride  the  next  day  to 
New  Haven,  and  confer  with  Mr.  Eaton  and  the  rest  of  the  magistrates  there  about 
sending  out  against  the  Indians,  and  on  Sept.  18th  they  sent  out  45  men  to  assist  the 
colony  of  New  Haven.  These  spirited  measures  appear  to  have  had  the  desired  effect. 
The  Indians  at  Stamford  it  seems  soon  became  peaceable. 

Trumb.  Col.  Rec.  Conn.  i.  197.     Trumb.  Conn.  i.  192. 


1649]  NEW   HAVEN    COLONY   RECORDS.  483 

Further  the  gouerner  informed  the  court  that  those  whom 
they  appointed  to  order  the  watch  and  other  things  of  that 
nature,  haue  done  it,  and  for  the  p'scnt  while  these  dangers  of 
y^  Indians  continew.  they  thihke  that  the  watch  must  consist 
of  9  men,  that  is  8  and  a  watch  master,  all  w^h  are  to  be  at 
y^  place  appointed  halfe  an  hower  of  sunsett  at  furthest,  and 
ys  watch  to  be  sett  an  hower  after  sunsett,  and  that  4  be  sent 
to  walke  the  rounds  on  pte  of  y^  uight,  and  yo  other  at  y^  court 
of  gaurd  keepe  sentinell  in  ther  course,  and  the  other  4 
walke  ye  other  pt  of  y^  night,  and  them  that  first  walked 
keepe  sentinell.  The  other  orders  of  y^  watch,  when  it  con- 
sisted of  7  men,  standing  still  in  force.  They  also  thinke  that 
two  squadrons  com  w'^h  ther  armes  vpon  y^  Saboth  and  other 
meeting  dayes,  and  that  those  whose  turiic  it  is  not  to  bring 
armes,  yett  bring  ther  swords,  and  for  neglect  of  bringing  ther 
swords  should  paye  12'^  a  time.  They  haue  further  ordered 
that  20  .cotton  quilted  coates,  and  20  boxes  for  cartrages,  and 
20  knapsackes,  at  y^  townes  charge.  Care  also  is  taken  to 
gett  lead  that  bullits  may  be  made  for  y^  townes  service. 

The  drumer  was  ordered  to  beate  the  drum  every  morning, 
halfe  an  hower  before  day,  w'hinye  square  of  y^  markit  place 
and  in  some  of  y<^  streetes,  and  that  the  last  watch  call  him  an 
hower  before  day  and  walke  wMi  him  as  a  gaurd  while  he  con- 
tinewes  beating. 

The  drumer  was  ordered  not  to  beate  the  drum  in  ye  day 
time  vpon  his  owne  ocasions,  that  men  that  are  abroade  may 
not  be  disturbed  w4i  feares  of  an  alarum  when  ther  is  none, 
onely  tomorrow  and  the  day  following  he  hath  libbertie  to 
beate,  to  fitt  vp  a  drum  for  Stamford. 

It  is  ordered  that  hencforward,  during  the  troubles  and  dan- 
gers w*h  and  from  y^  Indians,  if  any  pson  or  psons  (hauing 
ocasion  to  be  abroade  in  or  aboute  the  towne  after  the  watch 
is  sett,  w<^h  shall  be  at  furthest  w'hin  an  hower  after  the  sunn 
is  sett  every  night,)  being  required  by  y^  sentinell  or  any  of 
ye  watchmen  w^h  shall  be  appointed  to  walke  y°  rounds  to 
stand,  and  shall  refuse  so  to  doe,  but  shall  vpon  the  first  call 
runn  away  or  indeavour  to  hide  themselues  or  shifte  from  the 
watch,  or  vpon  the  second  or  third  call  of  any  of  ye  watchmen, 


484  NEW  HAVEN  COLONY  EECORDS.  [1649 

sentinel  or  other,  shall  not  stand  &  speake  w'^h  the  watch,  that 
he  or  they  may  bee  knowne  and  examined  if  ther  be  cause, 
but  shall  afront  the  watch  and  make  from  them,  the  sentinell 
or  watchmen  in  such  case,  to  secure  the  towne  from  danger, 
and  pticularly  from  Indian  stratagems  and  mischeife,  are  to 
shoote  at  him  or  them  that  so  stubbornly  and  suspitiously  cary 
thcmselues,  and  if  they  receive  any  hurt,  they  haue  brought 
it  vpon  thcmselues,  and  the  watchmen  in  such  cases  shall  1)C 
accounted  innocent,  hauing  done  nothing  but  what  ther  trust 
and  duty  calls  for. 

It  is  further  ordered  that  if  those  that  walke  the  rounds 
shall  discover  any  danger  by  Indians  or  fire,  &  shoote  of 
[249]  though  but  one  gunn,  it  shall  be  answered  ||by  the 
sentinel,  and  y^  drum  to  beate,  w^h  is  to  lye  at  the  prison, 
and  Nathaniel  Kimberly  to  beate  it  vpon  such  ocasion.  The 
watch  is  also  to  cry  arme,  arme,  or  fire,  fire,  as  the  danger  is, 
this  to  be  taken  by  the  towne  as  an  alarum,  or  if  y^  watch 
should  be  hindered  of  shooting  and  yett  cry  as  before,  the 
sentinel  is  to  shoote  &  another  pec  at  y^  court  of  gaurd,  & 
ye  drum  beate,  that  y^  towne  may  be  raysed  to  secure  thcm- 
selues. 

The  Gouerner  informed  the  court  that  the  jurisdiction  had 
ordered  that  the  matters  to  be  caryed  on  by  a  counsell  of  warr, 
they  left  to  himselfe  and  ye  magistrats  and  whome  else  he 
should  call  into  them,  w^li  the  court  approved  and  confirmed. 

It  is  ordered  that  20  of  y''  pikes  that  may  be  most  fitt  for 
it,  should  be  cut  to  make  20  halfe  pikes  of. 

It  is  desired  that  the  farmers  aboute  this  towne  would  con- 
sider how  to  provide  for  ther  owne  safety  in  this  time  of  dan- 
ger, and  that  neither  they  nor  any  other  leave  armes  in  ther 
houses  vnless  they  hide  them,  least  ye  Indians  breake  in  and 
steale  them  ;  and  that  men  would  be  carfull  not  to  leave  their 
armes  carelesly  in  y^  meeting  house  or  elswhere. 

It  was  propounded  that  some  wood  might  be  provided  for 
ye  watch.  The  sarjants  were  desired  to  inquire  who  hath  not 
wrought  in  ye  markit  place,  that  they  might  cut  some  wood 
out,  and  in  y^  meane  time  y^  treasurer  was  to  provide  a  loade. 


1649]  NEW   HAVEN   COLONY  EECORDS.  485 

It  was  propounded  that  some  pannels  or  packsadles  might 
be  provided. 

It  was  desired  that  men  would  be  spareing  in  shooting  of 
gunns  in  the  towne,  least  they  should  make  those  abroade 
thinke  ther  was  an  alarum. 

The  watch  was  desired  in  ther  walking  y^  rounds  not  to 
talke  as  they  goe. 

It  is  ordered  that  a  man  being  put  into  y^  watch,  if  he  hire 
another  to  watch  for  him,  it  shall  be  such  a  one  as  y^  master 
of  the  watch  shall  alowe  of,  and  that  he  give  the  watchmas- 
ter  notice  beforehand,  that  if  he  like  not  y^  man  he  may  hauc 
time  to  provide  another,  w^h  if  y^  master  of  y^  watch  is  put 
to  doe,  it  must  be  at  y^  watchmans  charge,  thoughe  he  give 
double  paye  and  ye  fine  of  totall  absenc  beside,  if  he  neglect 
to  send  a  sufficient  man  or  to  give  due  notice,  and  y^  watch- 
masters  were  desired  to  see  that  they  send  not  out  two  youthes 
together,  but  that  one  be  a  man  in  whom  they  may  repose 
trust. 

It  is  ordered  that  vpon  ye  dayes  of  pulilique  meeting,  a  sen- 
tinel should  stand  vpon  the  meeting  house  to  discover  any 
danger  that  may  be,  and  that  every  night  on  of  y^  watchmen 
be  sent  vp  ther  two  or  three  times  to  looke  aboute  and  make 
discovery  of  any  danger  by  fire  or  Indians,  or  other  danger 
that  may  be  espied.  And  Thomas  Munson  &  Jervice  Boykin 
were  desired  to  mend  y^  ladder  that  they  goe  vp  vpon  and  y^ 
floure,  both  goeing  to  it  and  landing  from  it. 

It  was  thought  fitt  that  when  men  shall  goe  forth  against 
the  Indians,  y^  our  Indians  be  sent  for  and  warned  not  to 
come  to  or  aboute  y^  towne  but  vpon  their  perill. 

It  was  propounded  and  debated  that  some  course  might  be 
taken  that  fences  might  be  made  better,  that  swine  might  goe 
abroade ;  that  some  fcild  might  be  oncly  for  planting  Indian 
corne,  and  not  plant  Indian  and  English  together;  that  y" 
fenc  might  be  brought  to  a  less  quantity,  that  men  might  y^ 
better  maintayne  them.  The  court  considered  of  the  things, 
and  thought  they  were  weightie  and  of  great  concernmt  to  the 
towne,  therfore  ordered  to  chuse  a  comittee  to  consider  and 
debate  these  things  privatly  and  prepare  it  against  another 


486  NEW  HAVEN  COLONY  RECORDS.         [1649 

court.  The  comittee  chosen  is  the  pticular  court,  and  one  out 
of  each  quarter,  viz^^,  Mr.  Tuttill,  John  Coopr,  William  Judson, 
Robert  Johnson,  Mr.  Wakeman,  William  Davis,  Samuel  Whit- 
head,  Henry  Lindall,  Thomas  Nash  &  Francis  Browne. 


[250]      At  a  Court  held  at  Newhauen  the  2'1'  of  Octo- 
ber, 1649. 

Matliew  Camfeild  was  fined  for  want  of  some  powder 
last  viewing  day  12^,  and  for  not  bringing  his  amies  to 
meeting  one  lecture  day,  2^  6^. 

Henry  Pecke  and  Thomas  Marshall  for  not  bringing  ther 
amies  to  j^  meeting  on  day  when  ii  was  their  turne,  was  fined 
each  man,  2^  Q'-K 

Widdow  Tompson  tooke  oath  that  the  inventory  she  for- 
merly delivered  in  to  the  court,  of  her  late  husband,  Anthony 
Tompsons  estate,  was  a  just  and  true  inventorie,  to  j^  best  of 
her  light  and  knowledge. 

Richard  Miles,  William  Tompson  and  Mathew  Camfeild 
tooke  oath  that  they  prised  the  goods  conteyned  in  y^  same 
inventorie  justly,  according  to  the  best  of  ther  light  and 
knowledge. 

William  Basset  for  coming  late  to  his  watch  was  fined  12''. 

Luke  Atkinson  being  hired  to  watch  for  William  Tompson, 
and  hauing  seasonable  warning,  yet  came  to  late,  was  fined 
12d. 

Robert  Meaker  for  refusing  to  watch  when  he  was  warned 
was  fined  5^ 

Sarjant  Munson  was  complained  of  for  neglecting  to  give 
out  the  bills  of  y^  watches  in  his  squadron  in  season,  wherby 
the  watch  could  not  be  full  one  night,  and  he  seeing  and  con- 
fessing it  was  his  mistake,  told  y^  master  of  y^  watch  he  would 
come  downe  &  see  y^  watch  made  vp,  but  did  not,  nor  can  tell 
any  r.eason  W^h  might  justly  hinder  his  coming.  The  court 
considered  of  his  miscariage  herein,  and  ordered  that  he  paye 
as  a  fine  to  y*^  towne,  6"  S"^. 

John  Bud  passeth  oner  to  William  Tompson  a  pcell  of  land 


1649]  NEW   HAVEN   COLONY  RECORDS.  487 

lying  ill  yc  quarter  called  Mr.  Lambcrtoiis  quarter,  wthiii  the 
two  mile,  coiiteyniiig  35  ac^,  be  it  more  or  less,  bounded  on  y^ 
east  w^li  the  sea,  the  subverbes  quarter  on  y^  west,  betwixt  of 
William  Jeanes  and  Thomas  Lampson.  Also  17  ac^  of  med- 
dow  lying  on  y^  Indian  side,  bounded  by  the  sea  on  y^  west  & 
north,  Thomas  Lamsons  meddow  on  y^  east,  and  ye  Indians 
land  on  y^  south. 

Thomas  James  passeth  ouer  to  Richard  Hull  6  ac^  1  quar- 
ter of  meddow  lying  at  y^  bottom  of  y"  necke  next  y^  East 
River,  and  5  acres,  a  halfe  &  20  rod  of  vpland  lying  in  y^ 
Yorksheir  quarter  by  the  towne  side,  y^  other  side  lying  next 
Mr.  Yales  lott,  the  one  end  butting  vpon  Robert  Johnsons 
lott ;  and  5  ac'"«  h  20  rod  on  y^  other  side  the  West  River, 
w*hin  ye  two  mile ;  and  halfe  his  proprietie  in  his  second  de- 
vission,  not  yet  laid  out. 

Thomas  James  allso  passeth  ouer  to  Robert  Johnson  the  same 
proportion  of  meddow  and  vpland  as  before  exprest  to  Richard 
Hull,  butted  &  Ijounded  as  y'^  is. 

Robert  Johnson,  because  he  wanted  some  match,  was  fined 

John  Knight,  because  his  wrest  was  broake  and  his  gunn 
rusty,  so  that  they  were  both  viiservical)le,  was  fined  5^. 

James  Russell,  because  he  wanted  some  match,  was  fined 
12'i. 

John  Walker,  because  his  mans  wrest  was  too  short,  was 
fined  12'i. 

Henry  Bristow,  because  the  scabbard  of  his  sword  was  broke 
so  that  the  point  came  out,  wh  is  dangerous,  was  fined  12<^. 

Richard  Hull,  because  his  sonii  Jeremiah  wanted  worme  & 
scourer,  fined  12''. 

Edward  Granest,  for  want  of  worme,  scourer  &  flints,  was 
fined  18^1. 

Benjamin  Willmot,  for  want  of  some  buUits,  fined  12^. 

Jeremiah  Watts,  for  want  of  flints  &  a  socket  for  his  gunn- 
sticke,  fined  12''. 

James  Clements,  for  want  of  2'  of  buUits  &  a  scourer,  fined 
2^  6'i. 

Samuel  Hodgkins,  for  goeing  into  ye  watch-house  and  lying 


488  NEW   HAVEN   COLONY  RECORDS.  [1649 

dowiie  l)y  the  fire  and  sleeping,  when  he  should  have  stood 
sentinel,  was  fined  5%  and  is  not  to  watch  for  any  man  but 
himselfe. 

John  Bishop  &  Joseph  Watters,  for  sleeping  in  ther  watch, 
was  fined  each  of  them  2^  6'^,  and  John  Bishop,  for  sleeping 
at  another  time  in  y^  watch,  fined  2^  6^^. 

Jeremiah  Osborn  was  fined  2^  because  he  wanted  7  yards 
of  match,  &  is  injoyned  to  provide  himselfe  forthw^h. 

Thomas  Osborn  senio'',  because  the  scabbard  of  his  owne 
sword  &  of  his  sonn  Johns  allso,  was  fined  2^. 

Richard  Percy  passeth  ouer  to  Thomas  Kimberly  his  house 
&  barne,  &  home  lott,  conteyning  2  ac"  ^,  and  18  ac^  i  of 
land  in  y«  necke,  and  Thomas  Kimberly  is  to  haue  20^  out  of 
ye  rent  Mr.  Malbon  is  to  paye  for  that  pte  of  the  barne  w^'h 
he  hires  this  yeare. 

[251]  James  Clements  &  Nickholas  Slooper  were  com- 
plained of  for  vnfaithfullncs  in  the  watch,  and  for  plotting 
and  contriving  to  make  &  maintayne  a  lye  to  hide  &  co^^er 
this  ther  willfull  miscariage,  for  Richard  Hull  being  m''  of  y^ 
watch,  would  not  haue  had  them  two  goe  forth  together,  but 
they  seemed  not  satisfied  vnless  they  might  goe  together,  hau- 
ing,  as  he  conceiveth,  bine  plotting  the  former  part  of  y^ 
night,  (when  he  observed  them  buisie  in  private  talke,)  what 
to  doe,  so  he  resolved  to  lett  them  goe  together  &  watch  them 
to  see  what  they  would  doe,  and  aboute  12  a  clocke  in  y^ 
night  he  sent  them  forth  ;  they  said  they  would  goe  downe 
Mr.  Batons  streete,  he  himselfe  followed  them  and  saw  them 
goe  directly  downe  the  other  streete  to  Thomas  Meekes  his 
house,  and  went  in  at  y^  gate ;  afterward  he  returned  to  y^ 
court  of  gaurd  and  called  Robert  Tamadge,  and  they  two 
walked  aboute  y^  towne  and  mett  abouto  Robert  Bassets  but 
saw  them  not.  After  they  cam  in  againe  and  sent  forth 
Robert  Tamadge  &  Jno  Bishop  towards  morning,  for  ye  day 
starrwas  pretty  high,  and  they  goeing  downe  the  same  streete, 
when  they  came  neere  aboute  Ricliard  Becklyes  house  they 
saw  them  coming,  and  heard  James  Clements  say  that  they 
would  make  them  beleeve  they  had  walked  the  rounds  two  or 
three  times,  and  accordingly  when  they  came  to  y^  watch- 


1649]  NEW   HAVEN    COLONY   RECOEDS.  "  489 

house,  James  began  to  speake  discontentedly  that  they  were 
put  to  walke  so  long,  as  if  he  would  haue  outfaced  the  mas- 
ter and  watchmen  also,  but  they  being  caled  to  answer  before 
y«  court  to  this  charged  vpon  them,  James  Clements  at  first 
denyed  y^  charge  and  said  they  did  goe  downe  Mr.  Batons 
street  and  walked  the  rounds,  but  Slooper  being  examined 
said  they  went  to  Thomas  Meekes  his  yard  to  eat  peaches,  and 
after  they  both  confessed  they  staide  vnder  y*^  barne  side 
because  it  was  wanne,  thoughe  they  both  say  they  walked  one 
vp  to  Thomas  Wheelers  and  staide  a  while  vnder  y^  pailes. 
They  was  asked  why  they  agreed  together  to  make  and  tell 
such  a  lye,  to  hide  and  cover  ther  vnfaithfallnese  in  such  a 
trust  comitted  to  them,  and  that  in  this  time  of  danger. 

Slooper  said  he  did  not  first  move  it,  and  James  at  first  said 
he  remembers  not  that  he  spake  such  words,  but  it  being  tes- 
tifyed  by  Robert  Tamadgc  &  John  Bishop,  he  owned  ye  thing, 
and  sd  he  confeseth  it  was  his  fault,  and  it  was  from  y*'  guilt 
of  his  conscienc  and  working  of  Satlian,  and  he  desires  to 
be  humbled  Ijefore  God  for  it. 

The  sentenc  of  y^  court  is,  that  for  this  miscariage  of  theirs 
they  be  both  whipped. 

Mr.  Eaton  informed  the  court  that  he  sometime  lett  his 
farme  to  Robert  Emry  and  Richard  "Webb,  but  Robert  Emry 
grewe  weary  and  Richard  Webb  was  very  earnest  to  haue  it 
himselfe,  and  did  take  it  vpon  ye  former  termes,  but  he  kept 
not  ye  covenants,  wherevpon  Mr.  Eaton  told  Richard  Webb,  if 
he  would  not  put  in  securitie  to  keepe  his  covenants,  he  must 
leave  the  farme.  Richard  Webb  at  first  was  vnwilling,  but 
after  consented  to  leave  the  farme,  and  they  both  agreed  to 
refierre  matters  of  differenc  to  Jasper  Crane  and  Richard  Miles. 
After  Richard  Webb  desired  Henry  Henrij  Lendall  might  be 
added,  and  the  gouerner  was  content ;  but  beside  ther  is  a 
clear  debte  of  14^  16^  07^,  due  from  Richard  Webb  to  Mr. 
Eaton,  as  appeares  vpon  accounts  made  vp  betwixt  them,  but 
when  those  three  before  mentioned  had  considered  things  and 
drawne  vp  ye  result  of  ther  thoughts,  Richard  Webb  was  vn- 
satisfied  &  said  it  should  come  to  the  court. 

Richard  Webb  said  he  ownes  the  debte  of  14^  16^  07'i,  but 
62 


490  NEW  HAVEN  COLONY  RECORDS.  [1649 

his  cattle  are  attached  that  he  cannot  sell  them  to  paye  the 
debte.  Hee  was  told  that  if  w^hin  10  dayes  he  can  procure 
a  chapman  to  buy  so  many  of  his  catle  as  will  paye  this  debt 
to  the  gouerner,  he  shall  haue  his  libbertie  to  make  the  best 
of  so  many  of  them,  for  y^  rest  the  attachment  is  to  stand  till 
other  differences  be  issued.  Richard  Webb  declared  himselfe 
freely  willing  to  it,  and  said  it  should  be  done. 

Hee  was  further  told  that  if  it  was  not  don  in  y  time  ap- 
pointed, Mr.  Crane  and  Richard  Miles  are  ordered  by  this 
court  to  haue  y^  catle  looked  vp  at  his  charge,  and  prise  so 
many  of  them  as  will  paye  this  debt,  to  w^h  he  agreed  also. 

Richard  Webb  further  said  that  for  ye  other  differences  he 
doubted  not  but  if  the  arbytrators  would  meete  once  againe 
they  should  issue  all  matters,  wherupon  the  court  desired 
them  that  they  would  take  a  litle  more  paines  in  it.  They 
were  very  vn willing,  yett  were  perswaded,  desiring  that  Mr., 
Evanc  might  be  p''sent,  whoe  being  a  magistrate,  might  if  ther 
was  cause  give  oath  to  the  witnesses.  To  this  the  gouerner 
agreed  and  desired  it  might  be  so,  and  Richard  Webb  prom- 
ised before  the  court  to  stand  to  what  issue  these  arbytrators 
should  put  to  it,  as  the  gouerner  had  declared  himselfe  sun- 
dry times  before.  This  Richard  Webb  promised  should  be 
done  Ijctwixt  this  &  the  next  court,  at  his  care  and  charge, 
else  it  must  come  to  the  court  againe  whoe  will  then  issue  it. 


[252]      At  a  Generall  Court  held  at  Newhauen  the 
8th  OF  October,  1649. 

The  Gouerner  acquainted  the  court  that  the  comittee  they 
appointed  to  consider  aboute  fences  and  swine  have  mett 
twice,  and  doe  thinke  that  swine  may  have  libbertie  to  goe 
abroade  for  a  month  or  6  weekes,  now  while  akehornes  last, 
being  well  and  sufficiently  ringed  and  approved  of  by  one 
whome  the  court  may  appointe  for  that  service.  They  thinke 
also  that  fences  may  be  reduced  to  a  less  quantitie,  and  that 
that  W^h  is  vpheld  should  be  maintayned  substantiall  &  suffi- 
cient against  hoggs  or  any  other  catle.     They  thinke  that 


1649]  NEW   HAVEN   COLONY  EECORDS.  491 

every  mans  swine  should  he  marked  and  the  marke  of  them 
brought  into  a  place  W^h  the  court  shall  appointe,  w'h  every 
mans  name  to  his  marke,  vnder  such  a  fine  as  y^  court  shall 
thinke  fitt. 

The  court  considered  of  the  severall  things  propounded, 
and  ordered  that  for  6  weekes  from  this  day  all  swine,  whether 
belonging  to  farmes  or  towne,  shall  haue  libbertie  to  goe 
aijroade,  being  well  and  sufficiently  ringed,  w'h  on  ringe  in  y^ 
midle  of  y^  nose,  Wh  shall  either  be  done  by  Jn^  Coopr,  or 
approved  of  by  him,  whoe  is  to  be  vnder  oath  to  doe  faithfully 
therein.  And  whatever  swine  shall  be  found  abroade,  aboue 
12  weekes  old  after  this  day  vn ringed,  or  not  sufficiently 
ringed,  the  owner  shall  pay  for  every  swine  12^  for  each  de- 
fault, and  for  them  that  are  vnder  12  weekes  old,  the  damage 
that  they  doe,  if  it  be  required.  They  further  order  that 
every  man  marke  his  swine  and  bring  in  his  marke,  w'li  his 
name,  to  Jn"  Coopr.  And  if  after  this  day  any  mans  swine 
be  found  abroade  vnmarked,  to  pay  -S^  4^,  according  to  y^  juris- 
diction court  order,  and  if  not  brought  in  to  Jn^  Coopr,  12'^ 
a  swine,  and  whatever  swine  shall  doe  damage  in  meddowes, 
the  owner  of  y®  swine  shall  paye  the  damage,  because  it  is 
supposed  if  they  were  well  ringed  they  coidd  doe  none  tlier. 

And  it  is  further  ordered,  that  if  after  6  weekes  time  swine 
shall  goe  abroade  and  doe  damage,  (thoughe  ringed)  the  own- 
er of  y<^  swine  shall  paye  it,  vnless  he  can  prove  the  fence  was 
downe  wher  they  went  in,  then  y^  owner  of  y*^  fenc  to  beare  it. 

It  is  ordered  that  all  the  fences  W^li  the  severall  quarters 
shall  agree  to  vphold  and  maintayne,  shall  betwixt  this  and  y^ 
first  of  May  next,  be  made  substantial  and  stronge,  both 
against  swine  and  other  catle,  and  if  after  swine  (though  ring- 
ed,) shall  be  found  in  any  quarter  or  corne  feild,  the  owner  of 
ye  swine  must  beare  all  damage,  and  if  he  can  finde  any  fenc 
downe  where  they  did  or  might  come  in,  he  may  releive  him- 
selfe  from  y^  fence,  as  in  case  of  other  catle  formerly  ordered, 
but  if  no  fenc  be  found  downe  it  is  supposed  they  swime  y^  riv- 
ers (w^h  must  be  at  y^  owners  perill,)  w^h  are  supposed  and 
alowed  for  a  fenc  in  this  case. 

It  is  ordered  that  after  on  yeere  no  man  shall  plant  Indian 


492  NEW   HAVEN   COLONY  RECORDS.  [1649 

come  in  any  quartr  by  small  spotts  or  pcells  to  y^  prejudice  of 
ye  quarter  vnless  it  be  by  joynt  consent. 

It  is  ordered  that  when  ther  shall  be  a  meeting  warned  by 
any  quarter  or  quarters,  the  severall  proprietors  therin  haue- 
ing  had  24  bowers  warning,  if  any  of  them  shall  neglect  to 
come  to  such  meeting,  the  major  pte  of  y"^  quarter  being  to- 
gether, may  &  haue  power  from  this  court  to  conclude  of  any 
thing  w^h  is  for  the  publique  good  of  y^  quarters,  proprietie 
of  land  or  other  pticular  interest  of  that  nature  excepted. 
And  for  the  more  orderly  carying  on  of  such  meetings  it  is 
thought  fitt  and  ordered,  that  when  any  of  y^  Yorksheire  quar- 
ter, Mr.  Wakemans  quarter  or  Mr.  Goodyears  quarter,  shall 
see  cause  of  a  meeting,  they  shall  repaire  to  Mr.  Goodyeare 
and  inform  him  of  y^  cause  of  such  meeting,  and  if  Mr.  Good- 
yeare see  cause,  he  shall  give  order  to  haue  a  meeting  warned. 
The  same  is  for  y^  subverbes  quarter  and  Mr.  Lambertons 
quarter,  and  if  any  of  Mr.  Batons  quarter,  Mr.  Dauenports 
quarter  or  Oyster  shell  feild,  thinke  ther  is  neede  of  a  meeting, 
they  shall  repaire  to  y^  gouerner  and  informe  him,  and  if  he 
see  cause  he  shall  order  a  meeting  to  be  warned.  And  for 
Mr.  Ro:  Newmans  quarter  &  that  next  wlier  Mr.  Ceflfinch 
lives,  they  shall  repaire  to  Mr.  Rol^ert  Newman,  and  if  he 
thinkes  ther  is  cause  of  a  meeting  he  shall  order  one  to  be 
warned.  But  it  is  desired  that  care  may  be  taken  that  not 
any  two  of  these  meetings  be  warned  vpon  on  day,  because 
some  men  haue  land  in  severall  quarters. 

The  court  granted  to  Lancelot  Fuller  the  land  lately  grant- 
ed to  Jonathan  Marsh,  out  of  Mr.  Roes  lot,  vpon  y^  same  con- 
ditions he  had  it,  provided  that  they  agree  together  that  y«= 
rates  for  the  time  past  be  pd  w^hout  trouble  to  y^  treasurer. 

The  Gouerner  acquainted  the  court  that  ther  is  a  differenc 
betwixt  this  towne  &  Totoket  in  y«  bounds  of  y  lands  betwixt 
vs  &  them,  w^h  is  to  be  reffered  to  arbytration.  They  haue 
chosen  Mr.  Disbrowe  and  Mr.  Leete  of  Guilford,  and  this  towne 
must.chuse  two  out  of  another  towne.  The  court  agreed  and 
chose  Capt.  Astwood  &  Mr.  Tapp  of  Milford,  &  doe  desire  y™ 
for  this  service. 

Leivtenant  Seely  was  desired  to  remember  when  y^  magis- 


1649]  NEW   HAVEN   COLONY  RECORDS.  493 

trats  come  to  y^  court,  to  speake  that  the  bounds  betwixt  Mil- 
ford  and  vs  may  be  sett  forth  w^hout  delay e. 

The  comittee  chosen  the  10^^  of  March  last  to  consider 
aboute  rates  were  ordered  to  meete  vpon  the  fourth  day  next, 
at  three  a  clockc,  that  the  buisnes  aboute  rates  comitted  to 
them  may  be  forthw'h  issued. 

[253]  II  At  a  meeting  of  the  pticular  court  in  a  private  way 
the  6t'i  of  October,  1649,  Thomas  Whitway  of  Totoket  charged 
3  men,  viz.  the  two  Bartlcts  &  on  Hegbe,  a  young  man,  that 
they  lying  at  Totoket  or  nere  theraboute  w*h  ther  boate  to 
mend  it  as  they  said,  did  shoote  at  and  kill  on  of  his  the  sd 
Tliom  Whitwayes  swine,  w^h  came  downe  to  feed  at  y^  watter 
side.  They  confessed  they  had  so  done,  but  said  they  was  in 
want  of  provission  and  did  it  to  supply  ther  neede,  though  that 
appeared  not,  because  they  had  Indian  corne  aboarde  &  some 
chesc.  They  said  also  that  they  intended  to  paye  him  for  it, 
but  though  they  had  time  they  did  not  any  way  acquainte  him 
w'h  it,  till  Thomas  WhitAvay  mising  one  of  his  hoggs  &  in- 
quiring after  it  was  told  by  Mr.  Swaines  sonn  Samuell,  that 
he  suspected  these  men  had  killed  it,  whervpon  he  went  to 
search  the  boate,  &  hauing  first  inquired  of  them  for  his  swine, 
they  said  they  saw  none  that  day,  but  the  day  before  they  saw 
some  W^h  went  that  way,  but  said  not  a  word  that  they  had 
killed  on  of  them  till  he  told  them  he  suspected  they  had 
killed  on  of  them  &  he  was  come  to  search  for  it;  then  they 
said  he  need  not  search,  they  had  it. 

The  court  considered  of  the  miscariag  and  it  appeared  very 
foule,  and  they  could  not  judg  it  any  less  then  plaine  theft,  & 
therfore  ordered  that  the  two  Bartlets  &  this  Hegbe  pay  to 
Thomas  Whitway  double  for  his  hogg,  (w^h  was  by  him,  & 
they  owned  it,  vallewd  at  23%)  that  they  allso  pay  Thomas 
Whitwayes  charges,  w'^h  he  saith  is  5%  and  y'  they  pay  to  ye 
marshall  for  his  time  &  trouble  aboute  y <^  buisnes  3^ :  4'^ ,  &  if 
Thomas  Whitway  should  refuse  to  take  the  other  23  for  him- 
selfe,  yet  he  must  take  it  and  give  it  to  y^  poore  of  that  towne, 
and  so  be  accountable  for  it. 


494  NEW  HAVEN   COLONY  RECOEDS.  [1649 

At  a  Generall  Court  held  at  Newhauen  the  ISt'i  of 
October,  1649. 

The  Gouerner  acquainted  the  court  that  the  comittee  they 
appointed  to  consider  aboute  rates  haue  mett  twice  and  con- 
sidered of  it,  and  in  debate  it  was  inquired  how  rates  are  caried 
one  in  other  places,  and  to  give  light  in  the  case,  the  law  for 
carying  one  publique  rates  in  y^  Massachusets,  w'^h  is  now  in 
print,  was  read  &  considered,  (w<=li  was  now  also  read  in 
court,)  and  the  comittee  therin  also  advising  w^h  the  elders 
thought  the  way  just  and  that  it  might  suit  vs  and  be  followed 
here,  onely  they  leave  it  to  y^  courts  consideration  whether 
houses  and  houshold  goods  should  be  rated,  and  for  tradesmen 
they  thinke  something  should  he  done  that  may  be  equall  in 
waye  of  rateing  them  for  their  trades. 

The  court  considered  and  debated  sundry  things  in  y^  order, 
and  in  y^  issue  concluded  and  ordered,  that  the  order  of  y^ 
Massachusets  for  publique  rates  should  be  an  order  heare  in 
this  towne,  except  in  case  of  houses  and  household  goodes,  w^h 
the  court  orders  shall  be  forborne  and  not  rated  for  this  next 
yeare,  but  if  any  man  haue  a  house  that  he  letts  for  rent,  it  is 
to  be  vallewed  at  a  moderate  price,  and  if  any  servant  come 
oute  of  England  at  lowe  wages,  it  is  left  to  the  comittee  to 
consider  wheither  his  master  or  he  shall  paye  his  polle  money. 
And  seeing  that  labourers  and  handycrafe  trades  &  seamen 
are  of  divers  sorts  &  conditions,  some  live  more  comfortably, 
some  less,  some  follow  ther  trades  more  &  some  less,  ther  time 
being  taken  vp  more  aboute  husbandry  w'^h  payes  another 
way,  that  therfore  a  due  consideration  be  had,  and  every  man 
justly  rated  as  neere  as  the  comittee  can  judge,  and  that  other 
men  whoe  trade  in  way  of  merchandizing  bee  duely  rated  ac- 
cording to  ther  trades  and  stockes  they  improve,  as  neere  as 
they  can  judge.  And  for  makeing  the  matter  the  more  easie  to 
the  comittee,  the  court  further  ordered,  that  seing  the  prise  of 
catle  are  already  sett  in  y^  Massachusets  order  and  now  con- 
firmed by  this  court,  so  allso  they  now  set  the  price  of  all 
lands  belonging  to  this  towne  for  y^  yeare  ensuing,  viz^,  1^  an 
acer  for  all  vpland  fenced  in,  the  necke  also  included,  and  1^ 


1649]  NEW   HAVEN   COLONY  RECORDS.  495 

an  ac  for  all  meddowes  that  any  man  hath  a  proprietie  in. 
And  that  betwixt,  and  y^  fourth  day  at  night  next,  every  man, 
both  at  towne  and  farmes,  shall  bring  in  to  y^  men  appointed 
for  ye  quarter  wher  they  live,  or  to  W^h  they  belong,  how 
many  catle  they  have  of  every  sort  aboue  1  yeare  old,  swine  & 
other.  AUso  what  catle  they  haue  killed  already  this  yeare, 
and  how  many  ac^  of  land  they  haue  fenced  in  in  any  place 
belonging  to  this  towne,  house  lott  or  other,  w^h  the  quarter 
where  it  lyes,  also  what  meddow  &  what  in  y^  necke,  vpon  y" 
penaltie  of  2^ :  6''  for  each  default.  And  to  hasten  the  buisnes, 
(because  y^  yeares  rate  ordered  to  be  pd  the  first  of  Nouember 
next  is  now  ordered  to  be  pd  by  men  as  they  shall  be  vallewd 
this  way,)  the  court  chose  a  comittee  wh  are  hereafter  men- 
tioned, whoe  are  to  meete  vpon  the  6*'>  day  next  at  4  a  clocke 
in  ye  afternoone,  to  consider  &  drawe  vp  y^  severall  rates  w^h 
they  thinke  every  man  should  paye,  and  then  to  p''sent  it  to 
ye  gouerner  and  magistrats,  whoe  are  to  consider  of  it,  and,  if 
they  finde  it  just,  pass  it,  but  if  neede  be,  vpon  any  mans  just 
complainte,  they  haue  power  to  releive  him. 

The  comittee  chosen  for  this  worke  of  rateing  are  two  men 
Out  of  each  quarter,  viz^^,  Mr.  Tuttill,  Francis  Newman,  Mr. 
Gilbert,  Mr.  Crane,  Leivtenant  Seely,  Henry  Lendall,  Richard 
Miles,  William  Davis,  Mr.  Wakeman,  William  Fowler,  Mr. 
Atwater,  Mr.  Powell,  William  Judson,  Mr.  Ceffinch,  Mr.  Ling, 
William  Andrewes,  William  Tompson,  Samuell  Whithead, 
Thomas  Munson,  Francis  Browne. 

John  Basset  was  spared  from  watching  for  y"  pi'sent  because 
he  is  lame  by  a  fall  that  he  had,  so  that  he  cannot  watch  him- 
selfe  nor  worke  to  inable  him  to  hire,  but  promiseth  if  God 
inable  him  to  his  laboure  he  shall  hire  a  man. 
[254]  II  The  Gouerner  read  to  ye  court  the  order  made  in 
ye  Baye  aboute  baker,  w'^h  the  court  approved  of  and  ye  bakers 
were  desired  to  consider  of  it  against  another  court. 

The  order  made  ther  concerning  customs  sett  on  wines  was 
allso  read,  but  respited. 

Mr.  Evanc  desired  that  Jeremiah  How  might  haue  libbertie 
to  brew  beare  to  sell. 


496         NEW  HAVEN  COLONY  RECOEDS.  [1649 

It  was  desired  by  some  that  y  watches  might  be  lessened, 
but  the  court  voted  that  they  should  continew  as  they  are. 


At  a  Court  held  at  Newhauen  the  G^h  of  Nouember,  1649. 

Mathias  Hitchcocke  for  refusing  to  watch  when  he  was  sent 
for  by  the  sarjant  to  supplye  another  mans  place,  according  to 
order,  was  fined  5^ 

Thomas  Osborn  senioi"  for  absenc  at  two  generall  courts  as 
himselfe  saith,  was  fined  two  shillings. 

John  Coopr  complained  of  Thomas  Osborne  for  letting  4 
hoggs  of  his  goe  abroad  in  ye  summer  for  the  most  pt,  contrary 
to  order.  Thorn  Osborne  could  not  deney  it.  The  court  or- 
dered that  he  paye  to  John  Coopr  12'^  a  hogg,  w'=li  is  4^.  Fur- 
ther John  Coopr  complained  of  him  for  not  carying  in  to  y*^ 
man  appointed  for  ther  quarter,  the  number  of  y«  ac'"^  of  land 
he  planted  or  sowed  last  yeere,  as  it  was  ordered  he  should. 
The  court  ordered  that  he  paye  to  John  Coopr  the  double  as 
it  was  ordered  in  that  case,  w^h  is  4*^  p  ac^ 

John  Coopr  complained  of  David  Atwatter  and  William 
Wooden  that  their  hoggs  went  abroad  in  y*'  summer  contrary 
to  order,  and  that  they  haue  not  bine  ringed,  according  to  y« 
last  order,  till  now  w%in  this  two  or  three  dayes.  The  court 
witnessed  against  their  disorderly  walking,  and  they  are  to 
paye  to  John  Coopr  for  each  swine  w^h  he  found  abroadc  of 
theirs,  12^,  and  for  each  swine  not  ringed  &  marked  according 
to  order  12^^ 

John  Tompson  was  complained  of  for  suffering  his  hoggs  to 
goe  abroad  in  the  summer  contrary  to  order,  and  that  they 
haue  not  bine  ringed  according  to  the  last  order.  John 
Tompson  said  it  was  before  he  had  charge  of  them  that  Jn^ 
Coopr  tooke  them,  and  offered  his  owne,  his  wives  &  Jn^ 
Wakefeilds  and  his  wives  oathes  to  cleere  it.  The  governer 
said  if  they  would  all  testifie  that  vpon  oath  he  would  paye  it, 
so  that  that  pte  was  refferred  as  not  cleere.  But  the  court 
ordered  that  what  hoggs  John  Coopr  hath  taken  of  John 
Tompsons  abroad  contrary  to  order,  at  other  times,  or  not 


1649]  NEW   HAVEN   COLONY  RECORDS.  497 

ringed  &  marked  according  to  the  last  order,  he  should  paye 
to  John  Coopr  12^  a  pece. 

Edward  Parker  desired  that  he  might  be  freed  from  his  in- 
gagment  concerning  the  house  &  lott,  and  land  w^h  was  John 
Potteres  and  is  securitie  for  the  chilldrens  portions,  for  he  is 
willing  to  leave  it  to  the  court  to  dispose  of  otherwise.  He 
was  wished  to  call  vpon  y^  secretary  to  search  for  y^  agreement 
concerning  that  matter,  and  come  to  y^  gouerner  to  prepare  it 
for  the  court. 

Mr.  Leete  and  Mr.  Jordan  atturneyes  for  ye  towne  of  Guil- 
ford, declareth  against  Thomas  Standish  of  Wethersfeild  for 
certaine  rates  due  to  the  towne  of  Guilford  from  y*^  said  Thom 
Standish  for  a  lott  he  possesseth  their,  w^h  rates,  beside 
what  is  due  towardcs  ministers  maintaynanc,  is  aboute  57®. 
Thomas  Standish  said  he  had  nothing  to  doe  wUi  the  rates,  he 
changed  his  lott  away,  and  hee  that  had  it  vndertooke  to  paye 
the  rates,  and  he  tendered  them  and  they  would  not  be  re- 
ceived. 

Mr.  Leete  replyed  that  the  court  liath  bine  acquainted  w'li 
the  nature  of  y^  exchange  in  Wrights  case  of  Guilford,  and 
haue  judged  it  a  nullitie.  They  were  asked  if  Thom  Standish 
was  admitted  a  planter  that  he  might  know  ther  was  such  an 
order  in  y^  towne  that  lotts  should  be  sold  to  none  but  such  as 
y^  towne  approved  of.  They  answered  that  he  desired  not  to 
be  a  planter,  but  if  he  had  they  had  nothing  against  it  but  he 
might,  but  for  his  knowing  of  j^  order,  Mr.  Jordan  testefied 
that  he  acquainted  him  wUi  it,  and  that  the  towne  would  not 
accept  of  Wright  to  possesse  such  accomodations  as  a  lott  of 
500',  for  he  was  not  able  to  paye  the  rates  of  a  50i  lott,  much 
less  would  he  of  one  of  500',  this  Mr.  Jordan  would  haue 
taken  oath  of,  but  Thomas  Standish  deneyed  it  not,  but  said 
they  required  rates  yett  improved  ye  land.  Mr.  Leete  said 
no,  but  ye  case  was  this,  that  ther  being  a  pece  of  meddowe  of 
Thom  Standishes  w'^h  laye  amonge  other  meddowe,  and  none 
appearing  for  Thom  Standish  to  devide,  the  other  made  vse  of 
some  of  it,  but  yett  Thom  Standish  cannot  saye  w^li  pte  is  his. 

The  court  hauing  heard  what  both  pties  haue  or  would  say, 
ordered  that  Thomas  Standish  paye  to  y^  towne  of  Guilford 
63 


498  NEW  HAVEN  COLONY  RECORDS.  [1649 

the   rates  due   to  them  for  ye  lott  he  hath  ther,  beside  y^ 
charges  of  this  court,  &  to  doe  it  pi"sently  or  give  security  to 
doe  it,  that  yc  court  be  not  further  troubled  aboute  it. 
[255]     II  John  Budd  paseth  ouer  to  Richard  Hull  7^  ac"*  of 
land  in  ye  necke,  and  If  ac^^  at  Oyster  poynt. 

Richard  Hull  paseth  ouer  to  John  Budd  llf  ac''^  4  rod  of 
land  in  y^  second  devission  on  ye  west  sid  betwixt  the  land  of 
John  Budd  &  William  Jeanes. 

Richard  Webb  was  called  &  asked  if  he  had  attended  the 
last  courts  order  and  his  owne  promise  in  looking  vp  the  catle 
&  issuing  the  buisnes  depending  betwixt  the  gouerner  and 
him,  he  said  he  had  not  done  it  because  of  some  hinderancs, 
ptely  by  Mr.  Evanc  being  from  home,  ptely  by  the  court  of 
magistrats,  &  ptely  because  of  some  occasions  Goodman  Miles 
had,  but  if  ye  court  please,  he  shall  now  apply  himselfe  to  it, 
and  if  it  be  faire  weather,  will  goe  tomorrowe  to  seeke  ye  catle, 
and  will  indeavour  to  gett  Kester  Lupton  who  knowes  them 
best  to  come  &  help  to  distinguish  them  one  from  ye  other, 
and  will  call  vpon  the  arbytrators  to  issue  the  buisnes. 

Vpon  condition  this  might  be  done  the  court  were  willing 
to  forbeare  any  sentenc,  and  agreed  to  haue  the  arbytration 
issiied  the  next  second  day. 

It  is  ordered  that  the  outside  fenc  of  ye  feild  first  fenced  in 
at  Stoney  River  should  be  measured  and  ye  number  of  ac^ 
inclosed  cast  vp,  and  so  every  man  to  beare  equally  according 
to  ye  land  he  hath  fenced  in,  weh  the  court  desires  John  Brock- 
ett  may  doe,  &  to  be  pd  by  ye  owners  of  ye  land  in  proportion. 

Isacke  Beecher  was  warned  to  this  court  about  the  defect  of 
Samuel  Fames  his  amies,  (his  servant,)  but  appeared  not. 
He  is  to  be  warned  to  ye  next  court  to  show  reason  why  he 
came  not  now,  for  ther  is  appearanc  of  contempt  in  it. 

Thomas  Moris  was  complained  of  for  neglecting  his  watch. 
Answer  was  made  he  was  not  well.  It  was  replyed  that  he 
was  aboute  his  occasions  the  day  before,  and  went  to  Connect- 
icote  the  day  following,  and  it  was  strange  he  could  not  watch. 
James  Bishop  the  master  of  ye  watch  said  he  knew  not  of  it 
till  w'hin  night,  and  then  he  could  not  gett  one  to  supply  his 
place,  but  some  of  ye  other  watchmen  weh  caried  on  pt  of  his 


1649]  NEW   HAVEN    COLONY   RECORDS.  499 

worke  expect  to  be  paide.  It  was  said  that  Thorn  Moris 
would  haiie  hired  thougho  he  had  given  double  paye,  but 
could  gitt  none. 

The  court  ordered  that  Thomas  Moris  paye  for  this  neglect 
93  6(1^  w^h  is  to  goe  12'^  to  y^  men  w^li  supplyed  pt  of  his 
watch  and  IS'^  to  y*'  towne. 

Henry  Morrell,  for  want  of  a  scoverer  &  some  powder,  was 
fined  12d. 

Henry  Humerston,  for  want  of  a  sword  &  a  wrest,  was 
fined  2^  6^. 


[A  General  Court  for  the  Jurisdiction  was  held  at  New  Haven  on  the  7th  of  Novem- 
ber, 1649,  at  which  sundry  "  capital  and  other  lawes  and  orders  "  were  made,  as  we 
learn  from  the  records  of  the  town  of  Guilford.] 


At  a  Generall  Court  for  Newhauen  y*^  12'''  op 
November  1649. 

The  orderes  of  the  last  generall  court  for  y^  jurisdiction 
were  reade. 

Mr.  Thomas  Yale  and  John  Beech  had  libbertie  to  deppte 
the  court. 

The  severall  notes  drawne  vp  by  the  comittee  appointed  for 
assesing  of  rates  were  read,  in  W^h  notes  some  things  were 
considered ;  first  whether  the  shipp  Fellowshipp  should  be 
rated,  and  j^  court  ordered  that  she  should  be  freed  for  this 
time ;  in  w°h  notes  also  arc  sundry  men  rated  for  trades  & 
merchandizing,  but  some  olyected  against  what  was  sett  downe 
by  the  comittee,  as  Mr.  Evanc,  Mr.  Atwatter,  Mr.  Goodan- 
housen,  &  some  for  Mr.  Westerhousen  &  Mr.  Allerton. 

The  court  considered  of  what  they  said,  and  wUi  ther  con- 
sent that  were  pi'sent,  ordered  that  Mr.  Evanc  paye  for  trade, 
l)eside  what  he  payes  for  other  estate,  for  on  single  rate,  after 
ye  rate  of  550',  Mr.  Atwatter  for  400',  Mr.  Goodanhousen  for 
300S  Mr.  Westerhousen  for  500i,  Mr.  Allerton  20«  for  a  single 
rate. 

It  was  voted  that  the  land  wthin  v*'  fence,  on  this  side  v"" 


500  NEW   HAVEN   COLONY   EECOEDS.  [1649 

East  River  paye,  till  by  agreement  the  fence  is  laid  downe  & 
the  land  be  laid  common. 

John  Bassett  propounded  that  the  court  would  free  him 
from  payeing  his  poll  money,  because  he  is  lame  by  a  fall  & 
cannot  worke,  the  court  inclined  to  doe  it  for  the  p^'sent,  till 
God  shall  inable  him  to  his  labour  againc. 

The  Gouerner  propounded  to  the  court  that  Leivtenant 
Seely  might  haue  some  help  from  ye  towne  to  buy  Robert  Bas- 
setts  house,  for  he  is  now  resolved  to  staye  here  &  to  follow 
his  trade  of  shooemakeing,  and  shall  not  remove  vnless  y^' 
towne  be  satisfyed  that  God  by  his  providence  calls  him  away. 

It  was  propounded  to  know  what  the  sarjants  haue  done  in 
y^  buisnes  comitted  to  them  concerning  Leivtenant  Seely,  but 
they  hauing  done  little  in  it,  it  was  propounded  by  some  that 
[256]  those  of  y^  fcowne  that  ||were  p^sent  would  speake 
wliat  they  would  give  freely,  and  sundry  did  speake,  W^h 
amount  to  a  some  of  16  or  17',  a  note  of  y^  pticulars  wherof 
was  given  by  the  secretary  to  Leivtenant  Seely,  and  the  sar- 
jants were  desired  to  speake  w'h  those  that  are  not  pi'sent, 
to  see  what  they  will  doe. 

The  court  was  acquainted  by  the  deputies  for  the  jurisdic- 
tion generall  court,  that  ther  is  a  certaine  quantity  of  powder 
&  lead,  match  &  gunns  to  be  provided,  according  to  the  juris- 
diction court  order,  w<=h  will  amount  to  neare  50',  and  some 
course  must  be  taken  to  provide  them,  the  furthest  time  being 
the  21^11  of  June  next.  It  was  thought  liest  that  they  might 
1)0  sent  for  to  England,  and  Mr.  Evanc  offered  that  if  the 
towne  would  deir  in  pease  to  him,  at  y^  rate  sett  by  the  juris- 
diction, inough  in  quantity,  as  neere  as  they  can  gess,  to  pro- 
cure them,  and  that  w^hin  three  weekes  or  a  month,  he  will 
vndertake  to  provide  them  for  the  towne  by  the  time  appointed, 
and  they  shall  haue  the  things  as  they  cost  in  England,  the 
towne  beareing  the  adventure  too  &  froo. 

The  court  considered  of  y^  proposition  &  accepted  it,  and 
ordered  that  every  man  in  y^  towne  paye  two  thirds  of  this 
single  rate  in  pease  to  Mr.  Evanc,  3s  6^  p  bushell,  and  to 
cary  them  in  to  Mr.  Evanc  his  warehouse  vpon  some  lecture 
day,  the  last  of  w^h  lecture  dayes  l^eing  the  12tii  of  Decern- 


164*9]  NEW  HAVEN  COLONY  RECOEDS.  501 

ber  next,  each  man  for  neglect  to  paye  the  double,  and  seizure 
p'"sently  to  be  made,  that  the  worke  be  not  hindered  ;  no  man 
carying  any  od  measure  less  then  a  pecke. 

William  Paine  propounded  to  y^  court  that  he  might  be 
freed  from  bringing  his  amies  one  y^  Lords  day  and  lecture 
dayes,  because  he  lives  farr  of  and  hath  three  small  children, 
and  his  wife  is  lame  and  cannot  help  to  bring  y^  children. 

The  court  voted  that  so  long  as  his  wife  continewes  lame  he 
be  freed. 

It  is  ordered  that  the  planters  W^h  hire  Oystershellfeild  doe 
laye  it  into  common  wUi  the  quarters  next  it,  and  fence  in 
proportion  w'h  them,  by  the  ac^,  and  that  they  from  time  to 
time  maintayne  their  severall  proportions  of  fence  substan- 
tially, and  so  leave  it  to  the  towne  when  ther  time  is  out,  and 
vpon  that  ground  the  court  allowes  them  to  take  awaye  the 
fence  allready  made,  w^h  is  propr  to  that  land  they  hold,  and 
free  them  from  payeing  the  last  yeeres  rent  to  y"  towne,  and 
that  Francis  Browne  haue  that  pece  of  meddowe  beyonde  the 
ferry  house,  to  make  and  maintayne  a  good  sufficient  fcnc 
from  ye  corner  of  widdow  Knowles  his  fenc,  downe  into  y^ 
flatts,  so  farr  as  catle  may  not  goe  aboute  to  doe  damage. 

Jeremiah  How  desired  &  were  licenced  to  drawe  stronge 
watter,  vpon  y^  termes  of  y^  jurisdictions  order  in  that  case, 
and  was  wished  to  be  carfull  to  keepe  good  order. 

Mr.  Ling  &  Jervic  Boykin  were  chosen  collectors  for  the 
coUedg  corne  for  1  yeere. 

The  Gouerner  informed  y^  court  that  Sarjant  Munson  doth 
expect  the  towne  should  allowe  him  something,  because  they 
kept  him  from  goeing  to  Connecticote  to  worke,  w'^h  was  a 
hinderanc  to  him.  The  court  considered  it,  and  in  regard  he 
attended  his  owne  occasions  at  home,  and  what  he  did  for  ye 
towne  was  pd  for  it,  they  voted  to  allow  him  nothing. 


502  new  haven  colony  records.  [1649 

At  a  Gen''all  Court  for  Newhaven  the  29'^  of  November 

1649. 

The  Gouerner  acquainted  the  court  that  he  heares  rates  are 
not  pd  according  to  order  and  expectation,  nor  the  pease  car- 
ied  in  to  Mr.  Evanc  as  it  was  thought  they  would  ;  also  he 
heares  that  ther  is  some  vnsatisfiednes  in  some  men  because 
that  houses  are  not  rated,  and  therfore  the  polle  money  will 
come  the  oftener,  therfore  the  court  might  consider  what  to 
doe.  After  much  debate,  the  court  ordered  that  all  houses 
belonging  to  this  towne  shall  be  rated  after  y^  rate  of  10  yeeres 
purchase,  being  vallewed  at  a  moderate  rent  by  the  comittce. 

The  court  was  informed  that  sundry  of  the  comittce  for 
rates  haue  neglected  to  meete  when  they  haue  had  due  warn- 
ing, for  w«^h  the  court  blamed  y'",  and  now  ordered  that  when 
a  comittce  is  appointed  for  publique  buisnes,  and  shall  haue 
due  warning,  that  is,  24  howers,  or  y^  evening  before  the 
comittee  is  to  meete,  and  shall  not  come,  but  be  absent,  shall 
paye  to  the  towne  3«  for  each  default  &,  18*^  for  late  coming, 
that  is  if  they  staye  abou.e  halfc  an  bower  after  the  time  ap- 
pointed, and  ye  major  pt  being  mett  are  to  conclude  the  buis- 
nes in  hand. 

[257]  II  Nathaniel  Meriman  and  William  Russell  are  chosen 
for  this  comittee  for  rates,  in  y^  roome  of  Thomas  Munson  <fe 
Francis  Browne,  because  the  one  is  not  at  home,  and  the 
other  cannot  attend  it  because  of  the  ferry. 

It  was  propounded  whether  that  Mr.  Hitchcockes  &  Mr. 
Hawkins  lotts  should  not  paye  as  absent  lotts,  that  is,  as  they 
did  before.  It  was  considered  and  voted  that  for  this  yeere 
they  paye  after  the  new  way  of  rateing,  that  tlie  owners  may 
be  informed,  and  then  the  court  will  consider  it  againe. 

It  is  also  ordered  that  John  Brocket,  Thomas  Barnes,  & 
those  that  haue  M^'s  Eldreds  lott  at  farme,  and  those  that  had 
land  granted  them  at  towne  and  farmes  out  of  y^  absent  lotts, 
should  paye  as  others  doe  after  this  new  way  of  rateing. 

George  Smith  propounded  for  a  small  pece  of  meddowe,  2 
or  3  ac''%  w*=h  lyes  where  Mr.  Lambertons  meddowe  lyes,  and 
is  aboue  his  proportion.      The  court  granted  that  if  after 


1649]  NEW   HAVEN   COLONY  RECORDS.  503 

Mr.  Lainbertous  is  laide  forth  ther  be  so  much  left  w  h  be- 
longs to  no  other,  he  should  haue  it. 

William  Andrewcs  propomuled  thathimselfe  &  John  Cooper 
AvUi  some  others  w^h  formerly  propounded  for  the  necke  of 
land  and  meddowe  adjoyning  to  it  next  the  sea,  w^h  is  on  ye 
cast  side  at  y«  harljours  mouth,  might  be  granted  to  them.  He 
was  asked  vpon  what  tcrmes  they  desire  it.  He  said  that  they 
might  haue  the  nccke  pecular  to  themselues,  &  the  meddowe, 
and  they  would  paye  as  others  did  for  it.  He  was  told  that  if 
they  had  it  as  ther  propr  right,  that  none  may  common  w^h 
them,  then  they  must  paye  for  the  whole  necke  as  inclosed 
land,  but  that  they  were  not  willing  to  doe.  Further  they  were 
told  that  the  towne  expected  that  it  should  be  improved  for  y" 
getting  of  corne,  that  y^  towne  may  havie  a  benefit  Ijy  it  that 
way,  he  said  they  did  intend  it,  but  cannot  doe  it  suddenly. 
After  much  debate  spent,  the  farmers  already  at  Stoney  River 
plead  ing  what  needethey  had  of  it,  it  was  reiferred  to  further 
consideration,  that  William  Andrewes  might  speake  w'h  ye 
rest  aboute  it. 

It  is  ordered  that  the  16  muskits  to  be  provided  for  the 
towne,  are  to  be  procured  heare  by  turning  match-lockes  into 
fire-lockes,  w^h  the  gunnsmithes  offer  to  doe  vpon  reasonable 
termes,  and  now  this  being  taken  of  and  houses  added,  the 
towne  is  to  paye  into  Mr.  Evanc  in  pease,  but  one  third  pte  of 
a  single  rate,  w^h  is  to  be  done  vpon  y^  same  termes  as  was 
before  ordered. 

Henry  Morrell  desired  that  he  might  be  freed  from  trayning 
w'h  a  muskit,  because  of  some  defect  in  his  arme,  the  court 
left  it  to  Leivtenant  Seely,  but  injoyned  him  to  keepe  his 
armes. 

Robert  Johnson  desired  that  he  might  haue  libbertie  to 
make  a  well  in  y°  streete,  neere  his  house.  The  court  fearing 
some  danger  might  come  by  it,  propounded  that  he  and  his 
neighbours  joyning  wUi  him  would  put  a  pumpe  in  it,  wher- 
vpon  he  tooke  time  to  speake  w'h  them  &  consider  of  it. 

It  is  ordered  that  every  souldiour  in  ye  towne  shall  provide 
himselfe  of  a  goode  home  W^h  will  hold  1^  of  powder  and  fit- 
ted to  weare  for  service,  and  a  bagg  for  bullitts,  and  every 


504  NEW   HAVEN   COLONY  RECORDS.  [1649 

souldiour  comeiiig  to  show  armes  wthoiit  such  a  horiie  &  bagg 
fitted,  shall  paye  as  in  case  of  othe  defect  of  armes,  this  to  be 
done  by  the  next  showing  day,  and  so  to  continew  furnished 
from  time  to  time. 

It  is  ordered  that  swine,  after  a  weekes  time,  be  kept  vp  as 
before  ordered,  vnder  y*^  same  penalty. 

Thomas  Lampson  being  called  to  answer  to  something  y^ 
court  had  to  say  to  him,  was  not  pi'sent,  whervpon  y^  m'shall 
was  ordered  to  call  for  his  fine. 

John  Coopr  ppounded  for  a-  small  pece  of  meddow  in  y^ 
mill  river  meddow,  but  nothing  was  don. 


In  the  monthes  of  December  and  January  ther  was  no 
courts,  because  no  buisnes  was  p^'sented,  though  the  court 
attended  ther  some  time. 


F.  N.  1649. 
FINIS. 


ERRATA . 

Page  20,  line  16, yb?*  church  esof,  read  churches  of. 
Page  140,  Ime  20, _/br  Sani:  Farres,  read  Sam:  Fame? 
Page  168,  Ihie  15, /or  page  194,  renc?page  [194.  J 
Page  360,  line  27,  for  Robret,  read  Robert. 


64 


itnte  nf  Cnnnertirnt,  bb. 

Secretary's  Office. 

1  Ijcrebn  certifn,  that  I  have  caused  the  printed  matter 
contained  in  the  foregoing  pages  of  this  volume  to  be  carefully 
compared  with  the  original  Record,  and  that  the  same  is  a 
true,  full  and  literal  copy  thereof. 

In  testimony  toljcrcof,  I  have  hereunto  set 
L.  S.  my  hand  and  the  seal  of  the  State,  at  Hart- 

ford, this  9th  day  of  April,  A.  D.  185T. 
N.  D.  SPERRY, 

Secretary/  of  State. 


APPENDIX. 

The  following  letters,  with  one  exception,  are  from  a  volume  in  the  office  of  the 
Secretary  of  the  State  of  New  York,  endorsed,  "New  York  Colonial  WSS.  (New 
Netherland,)  vol.  XI.  The  letter  marked  I,  is  from  the  files  of  the  Commonwealth  of 
Massachusetts,  at  Boston. 

A. 

Governor  Eaton  to  Governor  Stuyvesant. 
The  first  letter  of  Mr.  Eaton,  being  supscribed, 

To  the  Right  Wors''  his  much  honoured  friend  Tho :  Steuen- 
son  Esq"",  Generall  of  the  forces  for  the  West  Indie  Com- 
pany, &  Gouernour  of  tlie  Dutch  Collonye  att  Manhatans. 

Right  Wor'i  &  much  honoured  S"" 

Yours  of  the  20'''  of  June  new  stile,  I  haue  receiued,  & 
congratulate  yo""  saufe  arriuall  att  the  Manhatans,  with  your 
accesse  vnto,  &  settlement  in  that  weighty  trust  of  gouerm'^. 
I  readilie  close  with  your  equall  proposition  of  a  neighbourlie 
correspondencie,  that  justice  may  haue  a  full  &  free  passage 
in  all  occasions  betwixt  vs ;  &  particularlie,  that  if  any  either 
breake  prison  or  flie  from  one  of  these  iurisdictions  to  the 
other,  wheather  to  defraude  creditours,  or  to  escape  deserued 
punnishment,  hee  or  they,  vppon  due  notice  &  demand,  may 
be  apprehended,  deteined,  &  retourned,  w^^  due  allowance  of 
charges,  as  the  cause  may  require,  &  accordinglie  haue  by 
our  Marshall  haue  made  serious  enquirie  after  Michaell  Piket, 
the  malefactour  yow  mention  but  cannot  yett  heare  of  him.  If 
in  such  causes  hereafter  yow  please  to  describe  the  pson,  by  his 
natio:  his  age,  stature,  apparell,  or  by  any  other  obseruable 
markes,  the  discouerie  may  be  more  easie  and  certaine,  such 
guiltie  fugitiues  (fearing  a  pursuit)  being  apt  through  a  guile- 
full  subtiltie  to  change  &  denye  theyre  names,  &  the  place 
from  whence  they  came,  but  if  any  suspected  stranger  come 
heather,  I  shall  indeauour  by  examination  to  plucke  of  the 
disguise,  &  if  it  may  bee  to  retourne  yo""  prisoner.  With  my 
due  respects  to  your  selfe  &  Mounsr  Kieft  I  rest, 

Yours  in  all  seruice  of  loue, 

Theophilus  Eaton. 

Newhauen,  June  the  19'^,  1647,  St;  Angi: 


508  APPENDIX. 

B. 

Governor  Eaton  to  Governor  Stuyvesant. 

2  letter,  To  the  Right  Wor'i  peter  Styvesant  Esq:  Gouernr  of 
the  Dutch  plantation  att  Manhatans. 

S-- 

By  yo«"  agent  Mr.  Gouert  I  rec^  two  paps  from  yow,  the  one 
sealed,  the  other  open,  hut  neither  of  them  written  either  in 
Lattin,  as  yo'"  predecessour  vsed,  or  in  English  as  your  selfe 
haue  formerlie  done,  both  to  me,  &  to  the  other  Collonys,  but 
in  Low  Dutch,  whereof  I  vnderstand  little,  nor  would  yo*"  mes- 
senger though  desired  interpret  any  thing  in  them,  soe  that  in 
pte  att  least  they  must  lye  by  mee,  till  I  meete  with  an  inter- 
preter. 

In  the  meane  tyme,  as  formerlie  wee  were  sensible  of  sundrie 
wrongs,  &  protested  against  yo""  predecessf  Mouns""  Will :  Kieft, 
soe  I  hereby  witnes  against  your  vnneighbourlie  &  iniurious 
course,  in  seuerall  writings  which  I  haue  scene.  Without 
groun[d]  you  pretend  title  to  the  land  in  these  ptes,  one  while 
from  Deleware,  to  Connecticut  Riuer,  &  another  while  you  ex- 
tend yc  limits  further,  euen  to  Cape  Cod,  from  whence 
drawing  any  line  landward  North  or  West,  yow  wholy  take  in, 
or  trench  farre  in  to  the  limits  of  all  the  Vnited  Englisli  Col- 
lonies,  who  by  lycence  &  auntient  pattent  from  King  James, 
of  famous  memorie,  since  confirmed  by  his  Maiestie  that  now 
is,  first  came  into  these  ptes,  &  vppon  due  purchase  from  the 
Indians,  who  were  the  true  proprietours  of  the  land  (for  we 
fownd  it  not  a  vacuum)  haue  built,  planted,  &  for  many 
yeares  quietlie,  &  without  any  claime  or  disturbance,  from 
the  Dutch  or  others,  posessed  the  same. 

And  now  latelie  in  a  ship  belonging  to  Newhauen,  as  bought 
by  Mr.  Goodyeare,  yow  haue  sent  armed  men,  &  (without 
lycence,  not  soemuch  as  first  acquainting  any  of  the  magis- 
trates of  this  Jurisdiction  with  the  cause  or  grownds  thereof) 
ceised  a  shipp  within  our  harbour,  and  though  Will :  Wester- 
howse,  the  Dutch  merchant,  &  without  our  knowledge,  before 
treated  with  yow,  &  then  offered  the  recognition,  which  in  a 
former  writing  to  him,  yow  seemed  to  accept,  yett  your  agent 
refused  it,  &  protested  hee  would  carrie  away  the  ship. 
Whereuppon  I  did  first  protest  against  him,  &  the  Generall 
Court  considering  how  highlie  they  were  considered  in  the 
premises,  though  they  would  not  meddle  in  a  controuersie 
which  belongs  not  to  them,  much  lesse  defend  any  knowne 


APPENDIX.  509 

vnrighteousnes,  &  though  they  desire  to  keepe  peace  (as  farre 
as  may  bee)  with  all  men  &  particularlie  with  theyre  neigh- 
bours of  the  Dutch  plantatio,  yet  they  fownd  it  necessarie,  <fe 
resolued  by  all  iust  meanes,  to  asist  &  vindicate  theyre  right, 
in  Newhauens  lands  &  harbour,  &  theyre  iurisdiction  of 
both,  tliat  themselues  &  posteritie  be  not,  (through  theyre  neg- 
lect,) inthralled  &  brought  vnder  a  forreigne  gouerment,  by  a 
ceisure  made  in  theyre  harbour  vppon  such  an  vnjust  claime, 
the  court  conceuing  it  free  for  them,  according  to  the  laws  of 
God  &  nations,  to  entertaine  trade  brought  vnto  them, 
wheather  by  land  or  sea,  without  enquiring  into  the  priui- 
lidges  of  forraigne  companies,  or  examining  wheather  recog- 
nitio  be  due,  or  paid  in  another  countrie,  nor  is  propable  that 
your  selfe,  if  an  English  ship  or  vessell  bring  necessarie  proui- 
sions  to  the  Manhatans,  will  be  soUicitous  wheather  custom  be 
p'l  in  England. 

Wherefore,  wee  haue  protested,  and  by  these  presents  doe 
protest,  against  yow  Peter  Styvesant,  Gouern''  of  the  Dutch  att 
Manhataes  (fee:  for  disturbing  the  peace  betwixt  the  Engl:  & 
Dutch  in  these  ptes,  which  hath  bynne  soe  long  &  so  hapilie 
maintained  betwixt  the  two  nations  in  Europe,  for  obstruct- 
ing &  hindering  those  passages  of  justice  &  neighbourlie  cor- 
respondencie,  which  yo^  selfe  haue  propownded  &  desired  be- 
twixt the  Engl:  Collonies  &  y^  Dutch  plantations,  by  making 
vniust  claimes  to  our  lands  &  plantations,  to  our  hauens  & 
riuers,  and  by  taking  a  ship  oute  of  our  harbour,  without  our 
licence,  by  yo""  agents  &  comission,  &  wee  hereby  professe  that 
what  further  inconuenience  may  hereafter  growe,  yow  are  the 
cause  and  author  of  it,  as  we  hope  to  cleere,  &  proue  before 
our  superiours  in  Europe. 

Dated  in  Newhauen  in  New  England  this  S^i  day  of  Octobr, 
1647.     stihvet:  Theophilus  Eaton. 


C. 

Governor  Eaton  to  Governor  Stuyvesant. 

Mr.  Eatons  3^^  letter,  in  answere  of  those  in  Dutch  &  one  in 
English  sent  with  the  predecent. 

Sr 

Since  the  two  former  papers  mentioned  in  the  inclosed,  I 
haue  by  yo""  fiskall  rec^  yo^  letter  dated  Octob""  the  16''i  new 
stile,  though  I  doe  not  fullie  &  particularlie  vnderstand  the 


510  APPENDIX. 

contents  of  the  former,  yet  the  sownd  &  sense  of  them  are 
offensiue.  In  the  former  pte  of  yc"  letter  I  could  close,  &  as  a 
reall  friend  of  righteousnes  &  peace,  (vppon  your  mgagem'  of 
doeing  like  offices  of  loue  and  justice  as  opportunitie  serueth 
to  all  the  English  Collonies)  could  willinglie  giue  an  example 
of  neighbourlye  correspondence  and  respect  in  returning  your 
fugitiues,  but  protests  &  threatnings  are  ill  arguments  to 
drawe  on  performances  which  are  free  &  of  courtesie ;  when 
therefore  yow  interpret  your  meaning,  that  it  may  passe  and 
be  receiued  as  a  neighbourlie  office  of  loue,  without  expecta- 
tion or  implication  of  any  authoritie  on  your  pte  or  subordi- 
nate in  ours,  I  shall  readilie  deliuer  the  prisoners,  to  any  yow 
shall  appoint  to  receiue  and  discharge  them,  in  the  mcane 
tynie  yow  were  misinformed  when  yow  heard  they  walked  free 
in  our  plantacio,  yo"^  agent  was  present  when  I  first  sawe  & 
committed  them. 

Concerning  the  latter  parte  of  yo""  letter,  I  know  that 
princes  and  states  in  amitie  haue  somtymes  by  power  ceised 
ships  in  each  others  harbours,  the  English  (yow  say)  ceised 
some  of  the  French  in  yo^  ptes,  and  the  Hollanders  haue  prob- 
ablie  seised  some  of  the  Spaniards  in  the  English  harbours,  but 
this  reacheth  not  the  question,  an  iniurie  against  the  which,  I 
did  &  still  doe  protest,  that  without  any  iust  grownde,  yow 
should  first  pretend  title  to  the  lands,  streames,  riuers,  etc: 
truly  belonging  to  the  English  Collonys,  &  by  them  many 
yeares  quietlie,  &  without  any  question,  claime,  or  intimation 
of  title  from  others,  lawfullie  posessed  &  planted,  &  then  giue 
comission  vnder  that  respect  &  consideration,  to  seise  a  ship  in 
one  of  theyre  harbours,  witliout  lycence,  this,  thus  done 
would  haue  giuen  offence  in  any  pte  of  Europe,  or  of  the  world, 
and  were  this  iustlie  cleered,  I  hope  all  other  questions  betwixt 
vs  might  issue  to  mutuall  satisfaction,  in  expectatio  whereof  I 
rest  as  formerlie.  Yo'"  lo :  friend 

Theoph  :  Eaton. 

Newhauen  in  New  Engl:  this  IS^h  of  Octob'', 
1647,  St:  vet: 


APPENDIX.  511 

D. 

Deputy  Governor  Goodyear  to  Governor  Stuyvesant. 

This  followeing  was  sent  by  Mr.  Goodyeare,  Deputy  Gouern'' 
of  Newhauen,  &  directed  to  the  Right  Worll  P.  Styvesant 
Esq:,  Gouern'"  for  the  West  Indie  Company. 

these  present  att  Manhatans. 

Yo'^s  of  the  16'h  present  is  come  to  hand,  wherein  yow 
take  notice  of  fauour  to  yow  in  taking  the  thre  fugitiues,  & 
promise  as  opportunitie  shall  present,  to  doe  the  like  for  vs, 
but  I  suppose  yow  would  better  consider  it,  then  to  send  vs 
any  pson  of  ours  (with  yow)  wee  claiming  him  or  them,  as 
from  our  owne  Jurisdiction,  but  I  haue  what  may  bee  spoken 
in  that  poynt  to  further  information  from  our  Gouern^ 

I  further  pceiue  yow  are  informed  of  our  discontent  in  tak- 
ing awaye  the  ship  oute  of  our  harbour,  yo''  Capt*  knowes 
wee  carried  it  with  lone  &  respect  to  him,  &  without  any  ap- 
pearance of  discontent,  when  hee  shewed  yo''  comission ;  and 
S"",  if  wee  had  bynne  greived  or  offended,  we  had  a  full  oppor- 
tunitie to  haue  righted  ourselues,  yea,  if  we  would  haue  giuen 
libertie,  &  ourselues  not  haue  acted,  yow  had  failed  of  your 
purpose. 

But  that  which  moved  vs,  (and  doth  offend  vs  att  this  pres- 
ent,) is  that  yow,  in  a  letter  to  Mr.  William  the  merchant, 
write  that  he  was  in  your  harbour,  the  whole  towne  taking 
notice  of  that  claime  did  forthwith  rcsolue  to  stay  the  ship, 
and  accordinglie  attempted  it,  but  to  late,  for  allthough  neigli- 
bourlie  correspondencye  is  desired  and  will  euer  be  indeaiiored, 
yett  the  English  in  these  partes  will  not  easilie  be  brought 
vnder  any  forraigne  nation,  nor  loose  tlieyre  lawfull  rights, 
and  priuilidges  not  only  purchased  of  the  true  proprietours, 
the  Indians,  but  allsoe  by  pattent  from  the  King  of  England 
many  yeares  since,  yea,  allsoe  our  Gouern'',  Mr.  Eaton,  is  all- 
soe a  pattentee  of  that  graunte  to  the  Bay  of  Boston ;  &  it  is 
well  knowne  to  most  that  o""  friendship  with  the  state  of  Eng- 
land, &  theyre  fauour  to  vs,  is  as  free  &  as  full  any  in  New 
England,  &  we  came  with  theyre  full  consent  &  approbatio,  & 
more  then  ordinary  incouragement ;  wee  purpose,  neither 
haue  we  any  thing  in  our  hearts  but  loue  &  neighbourlie  cor- 
respondencie  with  yow ;  &  in  nothing  are,  nor  I  hope  shall  bee 
iniurious  to  yow,  or  any  of  yours,  but  if  we  shall  be  requited 
with  the  contrary,  I  doubt  not  but  through  Gods  asistance,  yow 


512  APPENDIX. 

will  finde  vs  able  to  maintaine  o''  iiist  rights,  and  not  in  the 
least  to  feare  the  sword  or  threats  of  any  adversarie,  but  if 
yow  still  desire  any  neighbourlie  correspondence,  (as  you 
desired  it  when  I  was  with  yow,)  yow  shall  finde  us  ready  to 
our  vtmost.  I  am  in  haste,  your  seruant  calling  for  my  lett''; 
only  one  word  to  desire  yow  to  send  me  50  or  100  skipples  of 
salte,  and  to  fetch  your  beefe  and  porke  ;  I  doubt  I  must  pres- 
entlie  kill  the  beefe,  for  it  will  fall  dayly.  I  cannot  yett  gett 
or  procure  men  to  thresh  corne,  but  I  shall  further  it  soe  farre 
as  I  may  ;  your  fiskall  hath  only  receiued  25  gild'^^.  I  prof- 
erred  him  what  euer  hee  desired,  but  it  was  what  hee  would 
accept  for  his  present  occasion,  soe  in  greate  haste,  desiring  yow 
to  excuse  my  scribling,  I  rest. 

Yours  in  what  I  may, 

Stephen  Goodyeare. 
Not  dated,  but  it  came  with  the  fiskall 
with  the  other  two  of  Mr.  Eaton. 


E. 

Governor  Stuyvesant  to  Governor  Eaton. 

The  answere  to  Mr.  Eatons  letter,  being  directed  to  the  Right 

Worsh^'  Theoph  :  Eaton,  Gouernour  of  Newhauen. 
Sr 

Yours  of  the  15'^  of  Octob''  st:  vet:  I  receiuied ;  the  ob- 
stacle is  yo""  misenterpreting  of  some  passages  in  myne  to  yow, 
for  the  cleering  of  which  &  remouall  of  all  doubtes  &  ieal- 
ousies,  I  hereby  declare,  I  doe  not  in  any  measure  desire  either 
to  usurpe  vppon  your  right,  or  assume  vnto  my  selfe  any 
power  or  gouerm^  ouer  the  English  there  ;  but  as  I  haue  for- 
merlie  writt  to  yourselfe,  and  others,  I  am,  (and  hope  shall 
soe  continue,)  as  studious  for  the  preservation  and  encreasing 
of  lone  and  amitie  betwixt  your  nation  and  ours  in  these 
ptes  as  any,  of  the  which  I  suppose  you  cannot  be  ignorant, 
in  my  propositions  to  my  worthy  friend,  Gouernour  Winthrop, 
the  A\diich  I  shall  on  my  parte  be  ready  to  make  good  and  giue 
pregnant  testimonie  to  the  world  of  my  readines  &  willingnes 
of  a  faire  and  neighbourlie  composure  of  any  difference  be- 
tweene  vs,  (God  blessing)  our  ioynt  meeting  with  the  corhis- 
sion''s  when  the  tyme  shall  l)e  appointed. 

For  what  have  I  either  written  or  done,  that  may  seeme 
oifensive  to  your  self,  or  any  other  impartiall  wise  man,  I  as 


APPENDIX.  513 

yett  am  ignorant,  for  I  suppose  they  cannot  but  knowe,  that 
(as  I  am  deputied  by  autlioritie  from  my  souereigne  Lords 
and  masters,  the  High  &  Mighty,  the  Estates  Generall  of  the 
Vnited  Belgicke  Provinces,  soe  to  them  must  I  giue  accompte, 
and  by  tliem  be  adiudged  in  whatsoeuer  shall  appeare  amisse 
in  any  action  or  passage  of  myne ;  and  should  I,  in  the  least 
measure,  transgresse  in  the  observation  of  they  re  commands, 
yow  well  know  my  lyfe,  estate  and  reputation  lyes  att  stake  and 
must  answere,  and  therefore  for  whatsoeuer  I  haue  done  con- 
cerning my  countriemen  in  my  supprising  theyre  ship  there, 
they  may  haue  recourse  to  the  Justice  of  theyre  natiue  land, 
and  I  shall  not  only  deliuer  them  theyre  comission,  but  the 
coppie  allsoe  of  all  our  proceedings  heere  against  them,  and  for 
my  threatning  of  any  belonging  to  your  Jurisdiction,  I  sup- 
pose yow  are  either  misenformed  or  mistaken ;  therefore  I 
shall  entreate  your  deliuerie  of  the  fugituies  to  this  bearer, 
our  commissaries,  your  charitable  opinion  both  of  my  actions 
and  intentions,  your  compliance,  &  correspondent  neighbour- 
lie  respect  from  one  to  the  other,  a  leaning  of  all  altercation 
on  either  side,  but  a  ioynt  indeavour  in  vs  both  for  the  full 
effecting  of  all  mutuall  offices  of  loue,  and  composing  all  dif- 
ferences, att  our  ioynt  meeting  in  the  spring  with  our  worthy 
friends,  the  Gouernours  of  Boston  &  Plimouth,  I  shall  rest 
Yo''s  in  any  office  of  Christian  loue 

P.  Styvesant. 
Fort  New  Amsterdam  in  New  Netherlands, 
Nouembr  13*^,  1647.  st :  no  : 


F. 

Governor  Stuyvesant  to  Deputy  Governor  Goodyeare. 

The  answere  to  Mr.  Goodyears  letter. 

Yours  I  receiued  wherein  yow  are  pleased  to  write  concern- 
ing my  supprising  the  vessell  there,  and  of  your  townsmens 
discontent  att  some  passages  in  my  letter  to  Will :  Wester- 
howse  ;  what  he  hath  diuulged  I  know  not,  yett  sure  I  am,  I 
was  desirous  to  carrie  it  as  inoffensiuelie  to  my  neighbours 
there  as  I  could,  howeuer  they  may  apprehend,  yett  you  and 
yours  shall  reallie  finde  mee  as  cordiallie  willing,  att  all  tymes 
and  all  occasions,  to  indeauour  a  continuance  of  all  friendlie 
and  neighbourlie  amitie  betwene  vs,  allthough  haplie  many 
65 


6l4  APPENDIX. 

vaine  rumours  may  arise  whereby  iealousies  &  discontents 
may  be  fomented. 

I  haue  sent  according  to  your  desires  for  the  receiuing  the 
prouisions.  For  whatsoeuer  yow  shall  please  to  deliuer  to  our 
comissarie,  his  note  shall  be  a  sufficient  discharge.  S«",  I  thanke 
yow  for  your  supplieing  our  fiscall  and  for  your  further  tender 
to  him,  and  your  respects  to  my  selfe,  the  which  I  shall  in- 
deauour  to  requite,  and  remaine. 

Your  assured  louing  friend 

P.  Styvesant. 
Fort  New  Amsterdam,  in  New  Netherlands, 

Nouemb"-  the  IS^h,  16i7.  St :  Nouo: 


G. 

Governor  Eaton  to  Governor  Stuyvesant. 

Mr.  Batons  4th  letter. 

By  yo""  comissarie  I  haue  latelie  receiued  yo^^  dated  No- 
uemb"^ the  15th,  new  stile,  but  finde  not  that  satisfaction 
therein  which  I  expected.  My  former,  Octobr  the  S'^^ 
(though  it  came  to  your  hands  in  that  of  the  15^^,  delivered 
by  yo''  fiscall,)  yow  mention  not,  &  your  expressions  in  this, 
(considered  with  the  questions  betwixt  vs,)  are  att  best  darke 
and  need  explanatio  :  how  you  can  saye  you  desire  not,  in  any 
measure,  to  vsurp  vppon  our  right,  when  yow  lay  claime  to  the 
land,  riuers,  streames,  &c.  w^h  iustlie  belongs  to  the  English 
collonies,  I  vnderstand  not.  It  is  well  knowne,  both  in  Europe 
&  heere,  that  by  auntient  pattent,  the  Kings  of  Engl :  haue 
graunted  (all  that  pte  of  America  called  New  England,  lyeing 
&  being  in  breadth  from  40  to  48  degr.  of  northerlie  latitude) 
vnto  his  subjects  for  theyre  incouragem*  to  settle  &  plant 
abroad  ;  and  accordinglie,  vppon  due  purchase  from  the  na- 
tiues,  the  true  pprietours  of  the  land,  (for  we  found  it  not  a 
vacuu,)  we  haue  built,  fenced  &  setled  our  selues  heere,  nor 
hearing  soemuch  as  of  any  the  least  pretence  the  Dutch  did 
or  could  make  to  any  of  this  land,  in  many  yeares  after  ;  it 
is  true  that  aboute  hue  yeares  since,  yo'"  predecess'',  Mouns"" 
WiH :  Kieft,  grew  iniurious  to  vs,  both  att  Deleware  and  else 
where,  wee  then  witnessed  &  protested  against  his  course,  & 
required  satisfaction,  which  we  still  expect,  &  in  due  tyme 
shall  offer  the  particulars  to  consideration. 


APPENDIX.  515 

From  your  selfe,  according  to  the  tennour  of  yo""  first 
lett''s,  wee  hoped  for  a  more  neighbourlie  correspondence, 
but  yow  haue  not  only  trod  in  his  steps,  )3ut  in  a  short  tyme  since 
your  entrance,  haue  aUready,  in  some  respects,  gone  beyond 
him,  as  may  appeare  in  this  briefe  account  of  particulars. 

In  yo"""  of  the  25th  of  June,  to  the  Gouern''  of  the  Massa- 
chusets  collony,  w^h  yow  now  mention,  yow  pretend  an  indu- 
biatc  right  to  all  the  land  betwixt  Conneticut  &  Deleware  ;  in 
yo""  protest  dated  Octob'"  the  12''',  yow  grow  in  your  demands, 
extending  yo^"  limmits  from  Cape  Codd,  within  Plimouth  col- 
lonye,  to  Cape  Hinlopen  towards  the  sowth,  (a  place  or  name 
to  me  yett  vnknowne  ;)  yow  charge  Newhauen  in  particular, 
as   vsurping   your  grownds,   land,    riuers,    streames,    &  are 
offended  for  theyre  trading  first  with   Simson  Johnson,  since 
with  Will :  Westerhowse  and  other  Dutch  men ;  yow  ceise  a 
ship  in  our  harbour  without  licence,  pretending  title  to  the 
place,  &  complaine  of  a  purpose  &  iust  resolutio  in  vs  to  vin- 
dicate our  owne  right  in  a  lawfull  waye ;  yow  require  vs  to 
send  the  Dutch  merch^s  &  theyre  goods,  with  a  recognitio, 
<fec.,  to  the  Manhataes,  and  if  wee  attend  not  your  directions, 
yow  threaten  hostilitie   to  Newhauen,   pretending  to  keepe 
peace  with  the  other  collonies,  &  in  yo""  letter  which  came  & 
beareth  date  with  the  forementioned  ptest,  you  vniustlie  charge 
vs  concerning  yo""  fugitiues,  &  in  a  comanding,  threatning  stile, 
require  them  from  vs,  &  att  or  aboute  the  same  tyme,  in  a 
letter  to  Will :  Westerhowse,  (as  I  am  informed,)  you  threaten 
to  fetch  his  goods  oute  of  Newhauen  by   force  ;   you   haue 
imposed  or  taken  an  excessiue  high  custom,  excise  or  recogni- 
tio for  all  goods  sould  within  your  jurisdiction,  with  ceisures 
for  omissions  or  misentries ;  our  vessells  must  anchor  vnder 
your  erected  hand,  a  place  very  inconvenient,  and  as  if  you 
ment  to  shut  vp  the  passage  by  the  Manhataes,  or  by  vnsuffer- 
able  burthens  to  wearie  the  English  oute  of  trade,  youbeginne  to 
take  recognition,  &c.  vppon  goods  traded  elsewhere,  &  in  theyre 
retourne  passing  only  by  the  Manhataes  ;  I  heare  allsoe  you 
threaten  to  burne  or  beate  downe  our  trading  howse,  built 
vppon  our  owne  purchased  land,  within  our  owne  limits,  and 
farre  from  any  trading  howse  of  yours  or  any  pte  of  Hudsons 
riuer,  and  which  is  yett  worse,  it  is  reported  to  vs  by  seuerall 
psons  &  from  seuerall  places,  that  your  secretarie  hath  indeau- 
oured  by  a  slanderous  report  to  incense  the  Long  Isl :  Indians, 
and  your  selfe,  att  Aurania  fort,  haue  attempted  to  trye  other 
companies  of  Indians  against  the  English.     If  this  agree  with 
rules  of  Christiauitie  or  good  neighbourhood,  I  doubt  not  but 
we  may  retaliate  and  when  wee  see  cause  turne  the  edge  and 


516  APPENDIX. 

point  of  those  weapons  vppon  your  selues.  I  enquire  not  after 
your  grownds  in  sending  Captaine  Forrester  to  Holland,  the 
English  collonys  may  haue  occasion  to  write  after  the  same 
coppie  hereafter. 

In  the  meane  tynie,  the  scope  and  tendencye  of  the  pre- 
mises doth  directlie  crosse  &  contradict  your  profession  of 
peac  and  amitie,  &  will  in  each  particular  afford  matter  of 
serious  consideration  to  the  English  collonies,  and  vnlesse 
things  be  cleered  speedilie  to  satisfaction,  yow  will  constreine 
vs  either  to  require  and  receiue  recognition  in  proportion  to 
what  wee  paye,  or  to  prohibit  all  comerce  betwixt  the  English 
and  Dutch  jurisdictions  in  these  partes ;  for  our  selues  we 
accompt  and  with  good  warrant  call  our  title  to  the  land,  riu- 
ers  and  streames  wee  posesse,  an  indubiate  right.  Wee  know 
wee  have  as  full  libertie  to  trade  with  Dutch  merchants  within 
our  harbours  &  to  admit  Dutch  inhabitants  into  our  planta- 
cions  as  yow  the  English,  in  either  case  ;  yett  wee  readilie 
close  with  your  propositions  to  considder,  examine  and  issue 
all  differences,  and  though  it  be  not  vsuall  for  one  ptye  to 
choose  both  arbitratours,  I  shall  for  this  once  consent  to  the 
choice  your  selfe  haue  made.  The  Gouernours  of  the  Massa- 
chusets  and  Plimmouth  collonies  are  men  approued  for  wisdom 
and  integritie,  nor  shall  I  differ  from  yow  in  those  circum- 
stances of  tyme  and  place,  supposing  yow  will  haue  due  res- 
pect to  conueniencye,  only  by  way  of  preparatio  it  would  be 
considered  and  agreed  what  shall  be  put  to  referrence, 
wheather  the  title  of  land,  riuers,  streames,  &c.,  or  any  pte  of 
the  forementioned  tract  from  40  to  48,  including  the  Manha- 
taes  and  Newhauen,  or  only  other  questions  and  iniuries  which 
haue  bynne  formerlie  or  more  latelie  greiuous  and  are  not  yett 
satisfied.  If  yow  please  herein  to  expresse  your  meaning  ful- 
lye  &  cleerlie  you  shall  finde  mee  reall  and  readye  to  meet 
you  in  any  peaceable  &  iust  waye.  In  expectation  of  your 
speedy  answere  that  occasions  may  be  ordered  accordinglie,  I 
rest, 

Yo''  louing  friend, 

Theoph:  Eaton. 
Newhauen  in  New  Engl : 
Nouembr  leth^  i649.  st :  vete  : 


APPENDIX.  517 

H. 

Deputy  Governor  Goodyear  to  Governor  Stuyvesant. 

Much  Honoured  S'", 

Yc  beefe  according  to  couenant  is  deliuered.     Mr.  Keisar 
yC   Commissarie,  his  late   comeing  being  very  pr[  ] 

(cattle  being  fallen  in  theire  flesh)  &  yett  nothing  to  yo""  ad- 
uantage,!  was  necessitated  to  furnish  a  greate  pte  out  [of  what] 
I  had  puided  for  the  Barbadaes,  but  my  indeauours  are,  & 
shall  be  to  my  vtmost  to  pforme  my  couenants  in  all  thi[ngs. 
I]  desire  wee  may  attend  peace  &  neighbourlie  loue,  &  corres- 
pondencie  one  with  another;  and  if  in  any  thing  wee  may 
pleasu  [  ]  I  shall  be  ready  to  my  vtmost  to  shew  it  in  any 
friendlie  <fe  neighbourlie  waye  to  doe  it.  I  reioyce  to  heare  of 
the  late  blessing  in  the  little  one  giuen  you,  &  of  yo''  wifos 
strength,  soe  comitting  yow,  &  your  weighty  affaires  to  Gods 
goodnes,  I  rest. 

Yours  in  any  office  of  loue  to  my  power, 

Stephen  Goodyeare. 

Newhauen,  Nouemb--  the  22th,  1(347. 


I. 

Governor  Eaton  to  Governor  Winthrop,  of  Massachusetts. 

Yours  of  the  9*'^  came  to  my  hand  the  24^^  of  Nov:  w^'*  one 
inclosed  to  the  Duch  Govern^.  I  am  much  ingaged  to  you, 
for  your  labour  of  love,  and  should  gladly  improve  any  oppor- 
tunity, in  a  way  of  thankfull  returne. 

In  all  afflicting  providences  I  desire  to  looke  higher  then  the 
instrument,  I  can  also  readily  confess  w^^  you,  that  our  holy  & 
righteous  father  hath  just  cause  of  controversye  w^^  all  the 
colonyes  &  churches  in  these  pts,  for  abating,  if  not  declining, 
from  their  first  love,  zeale,  workes,  &c.  And  could  heartily 
wish  that  besides  prayers,  &c.  the  magistrates  and  elders 
would  joyne  heads  &  hearts,  fill  up  their  places  &  improve 
their  interests  (as  Esay  &  Hezekiah,  whom  you  mention  to 
another  purpose,  Ezra  and  Nehemiah,)  for  a  thorough  reform- 


518  APPENDIX. 

ation,  that  our  wise  &  gracious  God  might  finde  &  see  many 
making  up  the  hedg  and  standing  in  the  gapp,  &c. 

Concerning  the  Duch,  and  our  exercises  &  intercourses  with 
them,  I  must  be  a  litle  more  large,  but  would  premise  that  the 
high  esteeme  &  respect,  I  have  &  doe  justly  beare  you,  makes 
me  consider  and  seriously  question  my  owne  way  when  ever 
(though  but  in  circumstantialls)  I  dissent  &  differ.  It  suites 
my  judgment  certainly  and  I  hope  my  practise  also,  that  (put- 
ting in  what  weight  I  can  into  argument,)  I  steere  a  midle 
course,  betwixt  provoking  an  adversary  by  unnecessary  invec- 
tives, or  uncomely  language,  and  giving  undue  titles,  whereof 
he  may  make  ill  use,  and  I  may  after  repent. 

What  hath  passed  betwixt  Mens""  Kieft,  and  us  of  Newhaven, 
you  have  formerly  heard  at  large,  and  what  passed  betwixt  the 
comission''s  for  the  colonyes  and  him,  in  refference  both  to 
Connecticutt  &  Newhaven,  willappeare  by  those  records.  In 
all  w^h  I  doe  not  yet  know  that  we  gaue  any  just  cause  of 
offence,  but  that  euer  any  advice  of  yours  was  rejected,  as  pro- 
ceeding from  weakenes,  or  that  euer  you  did  advise  to  more 
mildenes  &  moderation  then  we  used,  I  cannot  yet  call  to 
mind. 

For  the  present  govern"",  I  know  the  place  he  holds  under 
the  West  India  company  putts  an  honour  upon  him  W^^  upon 
all  occasions  I  would  shew  due  respect,  and  concerning  his 
psonall  abilities  and  indowments,  I  would  suppose  his  princi- 
palis may  know  that,  to  w^h  I  am  yet  a  stranger  and  I  doubt 
shalbe,  but  either  his  actions  speake  more  of  his  justice  &  pru- 
dence, or  those  that  come  from  thence,  less  of  his  passions  & 
exactions,  but  what  euer  the  man  be,  I  suppose  I  may  safely 
say  some  stepps  in  his  way  have  bin  to  us  causelesly  injurious. 
What  passed  formerly,  you  fully  understood  by  my  letter,  Oc- 
tobf"  20th,  and  the  copies  inclosed,  since  w^h  it  is  brought  to  us 
from  seuerall  places,  that  he  and  his  agents  haue  bin  working 
with  the  Indians  to  incense  &  hire  them  against  the  English. 
It  is  true  we  haue  but  Indian  testimony  for  this,  nor  are  we 
like  to  haue  more  in  such  a  buisnes,  but  it  comes  with  the 
greater  euidence  because  one  of  the  Sagamo'"^  reporteth,  that 
as  a  motiue  he  told  the  Mohawkes,  the  English  would  fight 
with  him  for  selling  them  peeces,  powder  and  shott,  w^'' 
(though  streyned)  may  refferr  to  the  comissionrs  letter  to  him 
from  Boston,  yet  in  a  letter  sent  by  the  comissary,  dated  Nov. 
15th  new  stile,  he  pretends  to  be  studious  of  preserving  love  & 
amity,  suposeth  I  am  mistaken  or  misinformed,  when  I  speake 
of  his  threatning  any  in  our  jurisdiction,  he  desires  a  charita- 
ble opinion  of  his  actions  &  intentions,  and  that  all  differences 


APPENDIX.  519 

may  be  composed  at  our  meeting  in  the  spring  w^^  your  self 
and  the  governour  of  Plimouth,  which  compared  w^^  his  fore- 
mentioned  letter  &  protest  dated  Octob'"  12'^,  with  his  actions 
and  report  of  other  proceedings,  w^^  best  shew  his  intentions, 
seeme  (that  I  say  no  more)  very  stronge,  I  desired  the  coinis- 
sary,  before  Mr.  Atherton,  to  read  and  reconcile  them;  he 
read  but  could  put  no  other  interpretation  upon  them  then  I 
had  done,  hereupon  I  returned  answer,  as  by  the  inclosed 
copie  may  appeare. 

Since  w^^  I  am  informed  from  Captayne  Mason,  that  David 
Provost  (late  agent  for  the  Duch  at  their  house  by  Hartford) 
tells  the  Indians  at  Saybrooke,  that  the  Duch  will  shortly  fight 
w^h  the  English,  and  that  they  have  ingaged  all  Indians  to 
them  except  the  Moheages.  These  reports  can  hardly  be 
imagined  to  grow  without  roote  or  cause,  but  how  ever,  they 
are  inconvenient  and  chargable  to  us.  Connecticut  hereupon 
Avill  hasten  the  finishing  of  their  fort,  and  Newhaven  at  their 
great  charge  have  made  some  slight  workes  or  platformes  to 
plant  a  few  gunns,  to  secure  the  towne  as  they  may  from 
smaller  vessells. 

So  that  when  I  consider  how  things  stand  betwixt  the  Colo- 
nyes  &  the  Duch  in  these  pts,  what  heavy  burdens  they  lay 
upon  trade,  even  to  discouragment,  what  claimes  to  our  land, 
&c.,  what  attempts  &  threatnings  of  hostility  they  make,  I  see 
no  better  way  to  preserve  our  owne  liberty  &  peace,  and  to 
suppress  such  injurious,  insolent  courses  of  unneighbourly 
neighbours,  then  that  all  the  colonyes  prohibitt  all  trade  with 
them  till  trade  &  peace  (by  some  meeting)  may  be  freed  and 
better  settled. 

For  the  Duch  fugitives,  upon  occasion  of  some  delinquents 
lately  fledd  from  these  pts,  I  wrote  to  the  Govern'"  by  Mr.  Ath- 
erton, Nov.  IQ*^'',  before  yours  came  to  hand,  that  upon  any 
reasonable  satisfaction  in  the  questions  betwixt  us,  they  shalbe 
delivered  to  any  he  shall  appointe  to  receive  them,  and  that 
none  of  theirs  of  suspicious  quality  shall  hereafter  {w^^  our 
knowledg  &  consent)  pass  through  these  pts,  unless  they  bring 
something  under  his  hand  for  their  warrant;  to  conclude, 
though  I  have  sealed  your  letter  to  the  Duch  Govern''  w^^  a 
purpose  to  send  it  forward  by  the  next  opportunity,  yet  upon 
further  consideration  I  thought  fitt  first  to  advise  w'^^  you 
whether  (in  refference  to  the  premises)  some  thing  may  not 
be  altered,  &  some  thing  added  according  to  later  occurrents 
and  as  may  best  prepare  for  the  meeting  propounded,  if  your 
self  and  the  comission''s  see  cause  &  please  to  write  another 
letter  (wherein  I  suppose  you  would  not  vary  any  thing  from 


520  APPENDIX. 

the  sense  &  ayme  of  your  Generall  Court,)  I  shall  send  that 
or  this  according  to  direction. 

Wth  my  due  respects  to  your  self,  Mr.  Cotton,  &  other 
friends,  I  rest 

Yrs  many  wayes  ingaged  to  all 

service  of  love, 
Nov.  26, 1647.  T.  E. 

[Endorsed  in  the  hand-writing  of  Mr.  Joseph  Hills, 
"N"  26, 1647,  Mr. 
Eaton  touching 
the  Dutch."] 


Governor  Stuyvesant  to  Deputy  Governor  Goodyear. 

This  vnderwritten  was  in  answere  of  Mr.  Batons,  being  direct- 
ed to  the  Deputy  Gouern''  Mr.  Goodyeare,  the  E:  H:*  think- 
ing it  inconuenient  to  answere  Mr.  Eaton  in  respect  of  his 
vniust  charges. 
Worthy  S"", 

By  o""  Comissaries  Keisar  I  rec^  one  letter  from  yo""  selfe,  & 
another  from  yo""  Gouern'',  &  latelie  one  from  both  by  Mr. 
AUerton;  you  complaine  of  our  commissarie's  breach  of  prom- 
ise concerning  some  salte,  his  pretences  are,  the  wind  proue- 
ing  faire  hee  would  not  loose  the  opportunitie,  that  he  was 
longer  deteined  there,  for  the  receiuing  of  what  was  p'^  him, 
then  hee  expected ;  soe  small  a  quantitie  will  not  be  worth  the 
sending  a  vessell  purposelie  theather,  therefore  for  the  future 
I  shall  accept  the  paym*  of  w'  is  due  from  Mr.  Allerton :  In 
myne  to  yo'"  Gouern""  I  had  thought  I  had  giuen  him  sufficient 
satisfactio:  &  expected  the  like  from  him,  but  contrarie  to  my 
expectatio :  &  opinnio :  of  his  wisdom,  his  letter  was  full  of 
complaints  and  pretended  iniuries. 

And  whereas  he  writes  my  lett""  was  at  best  darke,  &  neede 
explanatio :  thus  farre  I  will  expound  myselfe :  that  claimes  to 
pretended  rights  are  noe  iniuries  &  giues  me  noe  lawfull 
pprietie  to  what  I  claime,  vnlesse  lawfullie  adiudged,  (in 
which  neither  hee  nor  I  can  be  competent  judges)  and  I  sup- 
pose yow  and  he  well  knowes,  that  many  protests  and  passages 
in  tins  nature  are  only  pro  forma,  and  therefore  for  whatsoeuer 
I  haue  done  in  that  kinde,  I  haue  not  as  I  conceiue,  wronged 
him,   or  the  right  of  his  countriemen  there,  vnlesse  I  had 

*  An  abbreviation  for  "  Edele  Heer,"  two  Dutch  words  signifying  "  Honorable 
Gentleman." 


APPENDIX.  521 

sought  to  make  good  my  claime  by  force  of  armes,  the  which 
I  hauo  not  as  yett  soe  much  as  thought  of:  although  he  semes 
to  adiudgc  the  cause  on  his  ownc  side,  by  vertue  of  the 
grauutc  of  his  Ma'''<^  of  England  his  pattcnt  to  his  subiects  of 
England,  likewise  blaming  my  predecess''  for  some  passages  att 
Dele  ware  who  I  hope  is  nowe  in  his  natiue  countrie,  &  if  he, 
or  any  one  else,  haue  any  thing  to  laye  to  his  charge,  they  may 
there  question  him,  and  I  doubt  hee  will  answere  what  sooner 
they  can  obiect  against  him. 

For  myne  owne  pte  I  canne  noe  ways  interpret  his,  but  as 
an  aggrauating  of  former  passages,  to  the  worse  sense,  laying 
many  things  to  my  charge,  ripping  vp  (as  he  conceiues)  all 
my  faultes,  as  if  I  were  a  scliole  boy,  &  not  as  one  of  like  de- 
gree with  himselfe,  and  they  are  soe  vaine,  and  by  me  soe 
sufficientlie  answered  that  I  shall  be  silent,  and  only  instance 
in  2  or  3  of  the  cheifest  of  them. 

First  concerning  my  rcceiuing  recognition  heere,  that  it  is 
soe  excessiue  high,  &c :  I  only  answere,  Euery  State  hath  power 
to  make  what  lawes,  and  impose  what  customs  in  tlieyre  owne 
precincts  they  shall  thinke  conuenient,  without  being  regula- 
ted or  prescribed  by  others,  yet  notwithstanding  wee  haue 
bynne  soe  fauourable  to  your  countriemen  trading  heere,  that 
they  pay  8^^  p  cent,  lesse  then  our  owne,  and  I  am  contidentall 
things  considered  not  4  p  cent. 

Hee  likewise  obiects  against  me  (his  heare  say)  of  my 
threatning  to  burne  or  beate  downe  yo""  trading  liowse,  &  of 
report  from  seuerall  places  &  psons,  concerning  my  selfe,  & 
secretarie's  indeauouring  to  raise  the  Indians  against  the  Eng- 
lish, threatning  a  retaliation  and  turning  the  edge  and  point 
of  those  weapons  vppon  vs  heere,  I  had  thougth  he  had  had 
more  noble  worth  being  a  gouern'',  or  charitie  as  he  was  a 
Christian,  (hearing  such  reports  of  one  of  like  qualitie  as  him- 
selfe) not  to  haue  giuen  credit  to  them,  but  rather  imprisoned 
the  reporters  vnlesse  they  could  haue  sufficientlie  proued  it ; 
and  I  take  it  to  be  as  greate  an  iniurie  to  me,  (to  haue  such 
reportes  raised  and  beleued)  as  possible  may  bee. 

Concerning  my  sending  Capt.  Forester  for  Holland,  and 
that  the  English  coUonies  may  haue  occasio  to  write  after  the 
same  coppie  (I  vnderstand  him  very  well)  and  I  doubt  not  but 
theyre  wisdoms  will  doe  that  which  they  may  well  answere  to 
theyre  principalis,  as  I  to  myne,  and  therefore  neede  not  giue 
him,  or  any  one  else  heere,  an  accompt,  yett  for  yo""  satisfactio, 
he  claimed  the  gouerm'  of  all  Long  Isl:  Dutch  &  English,  and 
produced  a  comissio  wheather  counterfeit  or  noe,  I  know  not, 
for  it  was  sealed  but  not  signed. 

His  conclusion  is  indifferent  faire,  but  I  shall  not  begg  it 
66 


522  APPENDIX. 

from  him.  If  I  meete  in  the  spring  with  the  gouernr  of  Boston 
&  Plimmouth  I  hope  we  shall  doe  our  best  for  the  reconciling 
of  all  differences  ;  to  put  any  thing  to  them  as  arbitratours  I 
am  not  yett  resolued,  but  shall  willinglie  complie  with  them 
in  what  they  shall  thinke  conuenient,  and  whereas  he  is  soe 
full  of  his  retaliatio,  according  to  his  owne  words  and  prac- 
tise, hee  must  gine  vs  leaue  to  giue  libertie  to  any  that  shall 
flye  from  your  jurisdiction  to  remaine  vnder  our  protection 
vntill  our  fugitiues  are  deliuered,  which  assone  as  done  I  shall 
indeauour  to  send  theyres  backe,  soe  S''  with  my  loueing 
respects  I  take  leaue,  and  rest, 

Yo"^  assured  lo :  friend, 

P.  Styvesant. 
Fort  New  Amsterdam  in  New  Netherlands, 
Decemb' the  16'h,  1647.    st:  no: 


L. 

GOVERNOE   StUYVESANT   TO    GOVERNOR  EaTON. 

This  following  letter  was  sent  to  Mr.  Eaton  by  the  Secret : 
Teinoh. 

To  Mr.  Eaton. 
Worthy  8% 

Certaine  reportes  comeing  to  my  eares  that,  some  of  my  coun- 
triemen  &  others  vsing  to  trade  with  natiues  of  yo""  ptes,  doe 
indirectlie  sell  vnto  the  s''  natiues  powder,  gunnes  &  lead,  & 
that  in  particular  one  Gouert  Lockoman  had  done  it,  &  with- 
all  had  indeauoured  to  instigate  the  Indians  there  against  the 
English,  I  could  doe  noe  lesse  then  in  discharge  of  my  duty  to 
God  &  my  neighbour,  but  seriouslie  to  enquire  into  it,  and 
haue  vsed  my  best  indeauour  for  the  fineding  oute  the  truth, 
it  being  of  soe  high  a  concernement  as  to  arme  the  Indians 
against  the  Christians,  vppon  all  occasions,  &  making  debate 
&  iealovisies  betwixt  the  two  nations  in  these  ptes,  that  haue 
soe  long  &  happilie  lined  in  vnion  in  our  natiue  countries. 
I  haue  therefore  thought  good  to  send  our  secretarie  vnto  yow 
aboute  it,  togeather  with  such  information  as  I  haue  receiued 
vnder  the  hands  of  Mr.  Throckemorton,  Mr.  Willet,  &  Mr. 
Harti  &  humblie  entreate  yow,  yow  would  be  pleased  to  vse 
yo"^  iiideauours  to  the  magistrates  of  Sowthampton  &  other 
places,  that  the  truth  may  be  knowne  in  the  premises,  concern- 
ing the  s'l  Gouert  or  any  other  that  haue  relation  vnto  our 
jurisdiction,  &  if  proued   against  him  or  others,  yow  shall 


APPENDIX.  ^23 

apparrentlie  finde  that  I  will  not  countenance  any  of  ours  in 
such  wayes  of  vnrighteousnes,  but  cause  such  examplarie 
punnisliment  to  be  inflicted  vppon  them,  as  shall  deterre 
others  from  doeing  or  attempting  the  like  in  both  respects, 
either  in  indirect  trading  or  instigating  the  Indians  against  o"" 
Christian  brethren  of  the  English  nation. 

I  very  well  know  such  practises  &  speeches  by  any  of  o^^  is 
&  may  be  cause,  (&  that  iustlie,)  of  iealousies  and  discontents 
between  vs,  but  I  doe  hereby  protest,  before  God  &  the 
world,  my  innocencie  in  either  respects,  &  doe  reallie  &  heart- 
ilie  desire  a  continuation,  growth  &  encrease  of  neighbourlie 
loue  &  correspondencie  betwene  vs  in  these  ptes,  and  for  the 
effecting  of  whicli  I  haue  latelie  written  to  the  Gouern"  of 
Boston  &  Plimmouth,  that  if  they,  with  yo""  selfe,  will  please  to 
giue  me  a  meeting  att  Conneticut  att  any  tyme  you  shall 
appoint,  this  summer,  I  doubt  but  through  the  blessing  of 
God  wee  shall  giue  that  mutuall  satisfaction  to  one  another, 
in  euery  respect,  that  past  differences  may  be  forgot,  future 
preuented,  &  a  happie  union  betwixt  our  nations  in  these  ptes 
firmelie  knit.  Desiring  yow  will  please  to  giue  me  an  answer 
to  each  particular  by  c  secret.  I  shall  take  my  leaue  &  rest, 
Yo"  to  my  power  in  any  office  of  loue, 

Pet.  Styvesant. 

May  the  28th  (43)  1648. 


M. 

Governor  Eaton  to  Governor  Stuyvesant. 

The  answere. 
Honoured  S"" 

Yc^  of  the  28th  May,  1648,  st.  no.,  I  rec^  by  yo'"  secret., 
in  the  former  pte  whereof  yow  expresse  a  due  sense  of  j^  mis- 
carriage of  some  of  yo"^  traders,  who  neglecting  y<=  publique 
saftie  &  peace,  for  priuate  gayne  &  respects,  not  only  dispose 
&  arme  the  Indians  for  warre  in  generall,  but  incense  them 
against  the  English  in  particular.  Yo""  secret,  to  this  purpose 
hath  shewed  me  the  testimonies  Mr.  Willet,  Mr.  Throckemor- 
ton  &  Mr.  Heart  hath  giuen  against  Gouert  Lockoman.  Yow 
may  please  to  remember  both  what  the  comission'^^  for  the 
vnited  English  Collonies  wrot  from  Boston,  August  17,  1647, 
concerning  this  dangerous  trade,  (of  selling  gunnes,  powder. 


524  APPENDIX. 

shot,  &c.,  to  the  Indians,)  driuen  by  some  of  yo"  att  Aiirania 
fort,  at  Long  Island,  within  the  riiier  of  Conneticut,  att"  Nar- 
rowgansett,  &  other  places  within  the  English  jurisdictions ; 
but  how  to  discouer  &  suppresse  it,  (the  pticular  traders  then 
vnknowne  to   the  comissionrs,)  they   left  to   yo''   wisdom   & 
iudgemS  ^  what  information  I  gaue,  Nouembr  16,  1647,  con- 
cerning that   vnclu'istia  &  neighbourlie  course  of  incensing 
the  Indians  att  Long  Isl:  &  else  where  against  christian  neigh- 
bours.    It  is  true  we  had  but  Indian  testimonie,  nor  may  it  be 
expected  that  they  which  are  exercised  in  such  crooked  &  vn- 
dermining  workes  should  blowe  a  trumpet  &,  call  in  witnesses 
of  more  credit.      Soone  after  I  heard  from  Saybrook  that 
Dauid  Prouost,   (somtimes  agent  at  yo''  howse  neere  Hart- 
ford,) tould  the  Indians  aboute  Conneticut  riuers  mouth  that 
the  Dutch  would  shortlie  fight  with  the  Indians,  &  that  they 
had  ingaged  all  the  Indians  in  these  ptes,  (the  Moheags  ex- 
cepted,) vnto  them.     Janu.  the  2>^,  1647,  a  complaint  was 
brought  from  the  English  att  Sowthampton,  that  Gouert  Lock- 
oman  had  bynne  latelie  trading  with  the  Indians  of  those  ptes, 
who  reported  that  after  he   had  sould  them  some  coates  he 
declared  that  if  they  would  buye  more,  with  euerie  coate  hee 
would  giue  a  pownd  of  powder,  which  pcured  him   a  quicke 
markett  &  soc  furnishes  the  Indians  with  powder  that  they 
could  sell  to  the  English  ;  &,  the  same  Indians  further  testified 
that  Gouert  wisht  them  to  cutt  of  the  English,  and  the  Dutch, 
(to  such  a  worke,)  would  furnish  them  with  peeces,  powder  & 
shott  enough,  w^h  soe  prouokes  the  Engl :  att  Sowthampton, 
that  had  they  had  order  they  would  haue  staide  Gouert  &  his 
vessell ;  since  w^''  I  vnderstand  that  Dauid  Prouoost  in  that 
pte  of  Long  Isl:  hath  indeauored  to  take,  (as  it  were,)  the 
ground  from  vnder  the  feet  of  the  English,  purchasing  lands 
w'^'*  the  Indians  haue  long  since  passed  ouer  &  vnto  which  the 
Engis  for  many  yeares  haue  had  a  knowne  &  vnquestioned 
right,  &  had  giuen  a  price  for  the  same,  till  the  Indians,  (con- 
vinced by  the  English  of  theyre  vnrighteousnes,)   rctourned 
his  pay. 

These  concerne  the  Engl,  collonies  more  generallie  &  are  as 
soe  many  sparkes  fitt  to  kindle  a  fire  of  contention,  but  I 
should  allsoe  haue  added  yo""  late  proclamatio,  which  is  a 
reall  inuitatio  to  discontented  psons  &,  delinquents  to  become 
fugitiues,  with  seuerall  other  greiuances  which  more  directlie 
concerne  Newhauen,  to  those  mentioned  No^"  16,  1647,  but 
that  by  yo^"  letf^  to  Mr.  Goodyeare,  Decemb'"  the  13'i',  xo  the 
Gouern""  of  the  Massachusets,  Fcbr'y  the  8'^,  it  appeareth  yow 
tooke  offence  att  my  open  dealing,  tending  only  to  prepare  for 
a  meeting  wherein  all  questions  &  iniuries  might  be  duly  con- 


APPENDIX.  525 

sidered,  satisfied  and  remoued,  &  a  iust  wholesom  peace  setled 
&  confirmed  Ijctwixt  the  Engl :  <fe  Dutch  in  these  ptes.  To 
conchide,  I  soe  fully  close  with  the  contents  of  this  yo""  last  letf 
that  I  haue  allready  written  to  the  Gouern^s  of  the  Massachusets 
to  further  the  meeting,  &  to  the  Gouernf  of  Conneticut  to 
enquire  if  further  light  might  be  had  from  Sowthampton, 
(which  is  in  that  jurisdictio,)  concerning  Gouert  Lockoman 
crooked  &  puerse  waye.  In  the  meane  tyme,  our  owne  iust 
rights  duly  preserued  in  retourning  of  fugitiues,  &  in  all  other 
offices  of  neibourly  correspondencie,  I  shall  walke  with  yow 
passib.  acquis,  I  rest, 

Yo"^  louing  friend, 

Theophilus  Eaton. 
Newhaiien  in  New  Engl:, 
May  the  31th,  1648.  st.  vet. 


N. 
Governor  Eaton  to  Governor  Stuyvesant. 

Mr.  Eaton's  2J  letter. 
Honoured  S"" 

In  my  last,  by  yo""  secret..  May  the  31^^,  (48,)  I  exprest  my 
full  closing  with  the  contents  of  yo''^  dated  May  28^1%  new 
stile.  By  letters  from  the  Gouern''  of  the  Massachusets,  I  am 
since  informed  that  he  had  rec^  yo"  of  Aprill  the  3^  &  May 
the  24^'',  that  with  much  content  he  intertaines  yo""  motion  for 
a  meeting  &  treaty  att  Conneticut,  &  vppon  a  retourne  from 
the  Gouern •■  of  Plimmouth  will  more  fully  satisfie.  In  the 
meane  tyme,  I  shall  oficr  to  yo''  consideration  wheather  by 
waye  of  preparation  it  may  not  conduce  to  a  more  speedy  & 
comfortable  setling  of  things,  if  yon  thinke  fitt  to  admit  Mr. 
Will.  Westerhowse  to  open  his  cause  &  speake  in  his  owne 
defence.  Pleatherto  I  suppose  all  intercourse  hath  bynne  by 
messengers  or  letters,  wherein  there  may  be  somthing  mista- 
ken or  somthing  omitted  w^h  might  cleere  or  mittigate  the 
offence  or  censure  ;  if,  therefore,  yow  please  to  graunte  him, 
by  yo""  lett"^  to  mee,  or  otherwise,  as  shall  seeme  best  to  yo^ 
selfe,  a  warrant  or  safe  conduct  to  come  to  the  Manhataes,  to 
stay  there  a  conuenient  tyme,  &  againe  thence  to  retourne  in 
safetie,  without  molestatio,  either  by  land  or  watter,  that  hee 
may  cxpresse  &  open  the  grownds  of  his  former  proceedings 
<fe  present  hopes  to  receiue  a  milder  issue,  (in  a  cause  soe 


526  APPENDIX. 

weighty  <fe  neerelie  concerning  him,)  then  the  former  sentence 
&  executio  importe,  I  shall  aduise  him  in  that  waye  to  attend 
yow  with  his  first  conueniencie.  I  desire  yo""  answere,  but  to 
preuent  mistakes  shall  assure  yow,  that  though  vppon  different 
apprehensions  yow  for  the  present  refuse  to  heare  or  treate  in 
this  matter,  yet  on  my  pte  it  shall  neither  hinder  nor  cast  any 
new  difficulties  vppon  the  meeting  ppounded.  I  rest, 
Yo''^  in  all  offices  of  neighbourlie  correspondence, 

Theo  :    Eaton. 
Newhauen  in  New  Engl.  June  the 
20th,  1648.  St.  vet. 


O. 

Governor  Stuyvesant  to  Governor  Eaton. 

The  answere. 
Honoured  S"" 

Yoi^s  of  June  the  20*1',  st.  vet.,  I  rec'*,  &  pceiue  that  my 
ppositions  for  a  meeting  att  Conneticut  are  well  accepted  both 
by  yo""  selfe  &  the  worthy  Gouern''  Winthrop.  In  his  to  me  I 
vnderstand  the  tyme  will  be  aboute  the  middle  of  Sept^  I 
shall  further  entreate  yow  if  it  may  stand  any  waye  with  yo^" 
conueniencie,  that  the  s«^  meeting  may  be  aboute  the  20"i  of 
Augst,  ould  stile,  in  respect  o^"  shipping  will  presentlie  after  be 
ready  to  goe  for  o''  natiue  countrie,  and  I  should  be  very  glad 
by  the  first  opportunitie  to  giue  accompt  to  my  Lords  the  Es- 
tates Generall  of  my  pceedings  with  yow,  &  shall  then  haue 
opportunitie  of  sending  one  expresse  to  my  s^  Lords,  other- 
wise I  shall  haue  noe  opportunitie  till  the  next  summer.  And 
whereas  yow  are  pleased  to  write  concerning  my  countrieihan, 
Will.  Westerhowse,  that  he  may  haue  free  admissio  heere, 
without  molestatio,  either  by  land  or  watter,  I  shall  desire  yow 
will  please  to  excuse  me  therein,  in  respect  I  cannot  pmit  to 
come  heere  without  questioning  him  for  his  contempt  of 
the  souereigne  justice  of  o""  natiue  land  in  his  disobeying  theyre 
established  orders  ;  but  if  liee  hath  any  thing  to  speake  to  me, 
I  doubt  not  but  with  the  pmissio  of  God  to  make  him  an  ans- 
were att  Conneticut,  &  soe  S"",  for  present  I  shall  take  my 
leaue  &  rest, 

Yo^s  in  all  reall  offices  of  loue. 

Pet:  Styvesant. 
Fort  New  Amsterdam  in  New  Netherlands, 

July  the  8th,  1648.  st.  no. 


APPENDIX.  527 

P. 

Governor  Eaton  to  Governor  Stuyvesant. 

Mr.  Eaton's  answere  concerning  the  Comissioners  being  sent 

Guer  land  by  one  expresse. 
Honoured  S"" 

I  vnderstand  from  the  Gouern""  of  the  Massachusets  that  he 
hath  written  by  a  vessell  bownd  to  Yir[ginia]  and  that  lett'' 
may  possible  be  with  yow  before  this  came  to  my  hands,  yett 
considering  the  conueyance  by  s[ea]  is  vncertaine  &  somtymes 
slowe,  I  thought  fitting  to  send  an  expresse  that  yow  may 
order  occasions  accordingiie.  I  haue  with  my  vtmost  indeauor 
recommended  yo'"  ppositio  that  there  might  be  a  meeting,  to 
settle  peace  vppon  due  considerations  &  vppon  a  firme  bottome, 
&  did  desire  that  the  place  &  tyme  might  suit  yo""  conuenien- 
cie,  the  Gouern^  of  Conneticut  did  in  all  respects  fullie  concurre, 
but  it  seemes  Mr.  Bradforde  &  the  comission''s  for  the  Massa- 
chusets haue  other  pressing  occasions,  w<^ii  they  cannot  breake 
through,  for  that  the  meeting  must  necessarilie  be  deferred 
till  the  Spring  or  till  the  middle  of  June,  but  wheather  sooner 
or  then,  (if  the  Lord  will,)  I  shall  readilie  attend  it.  In  the 
meane  tyme,  (referring  former  questions  to  a  due  considera- 
tio  in  the  fittest  seaso,)  I  shall  walke  with  yow  in  all  wayes  of 
righteousnes,  peace  &  neighbourlie  respect,  &  shall  rest, 

Yo^  lo :  friend, 

Theo:  Eaton. 

Newhauen,  Aug.  4'^,  (48)  st.  vet. 


Q. 

Governor  Stuyvesant  to  Governor  Eaton. 

Honoured  S"" 

Yo'"''  of  the  4th  of  August,  by  yo"^  messenger,  I  rec^,  to- 
geather  with  2  from  Mr.  Winthrop,  of  one  by  Mr.  Pebles,  the 
other  by  the  man  yow  sent,  wherein  I  vnderstand  of  the  differ- 
ring  the  meeting  vntill  the  next  yeare,  through  some  indispo- 
sition in  Mr.  Bradforde.  I  shall  therefore  recommend  vnto 
yow  that  in  the  interim  there  may  be  all  neighbourlie  &  mutu- 
all  intercourse  of  friendship  between  vs,  &  noe  incroaching 
vppone    one  anothers   pretended   right,  vpon   any   pretences 


628  APPENDIX. 

whatsoeuer,  but  that  things  may  remaine  in  the  same  state  as 
they  arc,  vntill  wee  shall  come  to  a  friendlie,  iust  and  faire 
agitation.  I  shall  likewise  informe  yow  that  yC  intertaine- 
ment  of  my  countrieman,  Will.  Wcsterhowse,  amongst  yow  is 
not  only  dangerous,  but  may  proue  destructiue  to  yo'selucs  & 
the  other  plantations  in  his  vnderhand  selling  of  gunnes  & 
powder,  for  I  haue  sufficient  testimonie  of  one  of  ours  that 
bought  50  gunnes  oute  of  his  ship  &  being  questioned,  (by  our 
court  heere,)  for  it,  confessed  it,  &  that  he  sawe  8  or  9  chests 
more  of  gunnes  aljorde  ;  and,  as  I  am  likewise  in  pte  informed, 
sould  one  of  yo""  towne  (who  vseth  to  trade)  some  50  more,  so 
that  by  computatio  there  was  aboute  some  hue  or  six  hundred 
gunnes  aborde  the  ship  purposelie  for  that  damnable  trade 
with  the  Indians.  This  I  am  sure  of;  there  was  taken  oute  of 
the  ship,  (after  she  was  heere,)  some  500'i  of  powder  in  brand- 
wine  caske,  besides  his  ships  store.  Soc  much  I  thought  good 
to  giue  yow  a  touch  of,  that  yow  may  doe  therein  as  yow  in  yo"" 
wisdom  shall  thinke  conuenient.  Gouert  intends  to  come 
amongst  yow  to  purge  himselfe  of  those  things  obiected  against 
him.  Whereas  of  late  there  are  two  fled  from  our  ptes,  the 
one  of  them  by  name  James  Turner,  a  squint  eyde  followe 
aboute  35  or  40  yeares  of  age,  the  other  like\v4se  a  well  sett 
fellow  by  name  James  Hallet,  aboute  the  same  age,  I  shall 
request  your  asistance  in  apprehending  them  if  in  yo^  ptes,  & 
that  they  may  be  sent  heather ;  I  shall  paye  all  charges,  &  be 
ready  to  doe  the  like  vppon  any  like  occasion,  &  rest 

Yo''  assured  friend, 

Pet:  Styvesant. 
August  the  20th,  1648.  st.  no. 


R. 

GovEBNOR  Eaton  to  Governor  Stuyvesant. 

Honoured  S"" 

Vppon  the  receipt  of  yo'"^  I  sent  o""  marshall  to  search  for 
&  apprehend  all  suspected  strangers,  particularlie  such  as  yow 
had  described.  Two  were  brought ;  the  one  vppon  certificate 
from  Stamforde  was  presentlie  cleered,  the  other  pued  to  be 
James  Turner,  an  Englishman  and  squint  eyed  ;  him  I  sent 
by  sea  in  a  pinnace  whereof  Jeremy  How,  mentioned  in  my 
letter  dated  August  28'^,  st.  vet.  I  desired  further  light 
with  due  proofe,  concerning   Mr.  Westerhowse  liis  trade  for 


APPENDIX.  529 

gunnes,  powder,  to  whom  Ijoth  of  yo'^  &  ours  he  sould  those 
100  gunnes  in  2  pcclls,  &  wheather  they  be  come  into  the  In- 
dians hands  &  by  what  meanes,  that  I  may  call  him  to  an 
accompte  for  what  is  past  &  stop  the  waye  of  a  trade  soe  mis- 
cheiuous  for  the  future.  I  haue  entreated  your  Secret'y  that 
the  proofe  may  be  the  more  full  &  conuincing,  because  Mr. 
Westerhowse  being  questioned  by  the  coiTiission'''*  doth  denye 
that  he  brought  any  considerable  number  of  gunnes  with  him, 
much  more  that  he  hath  sould  according  to  the  importe  of 
the  charge. 

By  yo"  of  the  7^1'  of  Octob'',  1648,  st.  no.,  which  vppon  my 
retourne  from  Plimmouth  I  rec'^  by  yo""  secret.,  I  perceiue 
that  neither  my  letter  nor  the  prisoner  were  deliuered  att  the 
Manhataes,  for  which  I  shall  call  Jeremy  Howe  to  accompte. 
In  the  meane  tyme  yow  may  rest  assured  that  I  was  as  reall  & 
carefull  in  apprehending  &  retourning  the  fugitiue  as  I  could 
haue  bynne  had  any  of  the  English  collonies  byime  interres- 
sed.  Concerning  Gouert  Lookomans  trading  with  the  Indians 
&  carriage  towards  the  English,  I  haue  to  himself  exprest  my 
thoughts  before  yo""  secret.,  &  shall  leaue  him  to  yo'"  justice. 
If  Samuell  Goodenhowsen  proue  reallie  indebted  att  the  Man- 
hataes, and  that  through  his  defaulte  Gouert  Lookoman  as 
suertie  susteine  damage,  I  shall  without  referrence  to  other 
questions  afforde  him  iust  asistance  ;  but  if  it  be  only  a 
question  aboute  goods  brought  to  Newhaueu,  &c.,  it  will  fall 
vnder  due  consideratio  att  the  meeting  ppownded,  w^''  meet- 
ing the  comissionrs  desire  to  prepare  &  further,  according  to 
the  tennour  of  theyre  letter  heere  inclosed,  w"^''  they  haue 
entreated  me  to  conuey,  &  from  me  they  will  expect  a  re- 
tourne. If  therefore  yow  please,  either  by  this  messenger 
whom  I  purposelie  send  to  attend  yow  therein,  or  by  some 
other  conuey ance,  with  yo""  first  to  retourne  answere  to  the 
pticulars,  I  shall  imparte  the  same  to  the  other  collonies. 

As  one  that  desireth  by  all  just  meanes  to  follow  peace  with 
all  men  but  especiallie  with  a  Christ :  natio,  both  yow  and 
mee,  (though  all  questions  be  fairelie  composed)  may  haue 
exercise  enough  with  the  wilde  natiues,  who  being  ouer  plen- 
tifuUie  furnished  with  gunnes,  powder  and  shott,  are  apt  to  be 
iniurious,  but  if  they  finde  vs  diuided  and  att  difference,  they 
will  growe  insolent  &  full  of  puocations,  but  I  shall  not  in- 
large.  I  haue  rec''  a  testimonie  of  yo*"  loue  &  respect  which 
with  due  thankefulnes  I  accept,  and  shall  improue  the  first 
opportunitie  to  make  a  more  reall  retourne,  in  the  meane 
tyme  I  rest,  Yo'^s  j^  all  offices  of  loue, 

Newhauen  in  New  Engl :  this  9')i  of  Theo:  Eaton. 

Octob'-,  1648.   st:  vet: 
67 


630  APPENDIX. 

Vppon  the  opportunitie  of  soe  safe  &  speedie  conueiance,  as 
by  tliis  gentelman  Ensigne  Baxter,  I  thought  I  might  spare 
the  sending  of  an  expresse  messenger,  but  I  still  desire  yow 
will  be  pleased  with  your  first  couuenience  to  retourne  me  an 
answere  to  the  particulars  in  the  comissionrs  lett'",  soe  I  take 
leaue,  resting,  Yo''%       T.  E. 


S. 

GovEENOR  Eaton  to  Governor  Stuyvesant. 

Honoured  S*", 

I   long  since  acquainted  the  rest  of  the  comiss''s  for  the 
vnited  English  collonies  with  yo''  answere  to  [  ]  but  the 

winter  season  hath  so  shut  up  all  passages  that  till  now  of  late 
could  not  retourne  theire  thoughts.     In  theyre  names  I  am 
now  desired  to  certifie  that  your  answere  in  diuerse  particular 
be  not  to  theire  satisfaction,  yett  the  [y  are]  not  only  willing 
but  desirous  of  a  meeting  that  all  differences  and  grieuances 
may  be  heard,  considered  &  satisfied,  accord [ing]  to  righteous- 
nes,  &  a  iust  wholesome  peace,  by  all  due  meanes  setled  &  con- 
firmed, betwixt  these  English  collonies  &  the  neighbour  plan- 
tacions  vnder  the  Dutch  gouerm*,  only  whereas  yow  desired 
the  presence  &  helpe  of  the  gouernours  of  the  Massachusets 
and  Plimmouth,  to  weigh  and  arbitrate  &<= :  (they  being  both 
aged  &  vnfit  for  long  land  journeys,  the  comissioners,  (in  refer- 
rence  to  them)  thought  Boston  would  be  the  fittest  place,  & 
for  the  tyme  they  are  willing  to  the  vtmost,  to  suit  your  occa- 
sions, and  doe  therefore  consent  that  the  meeting  be  the  last 
weeke  in  June,  or  first  weeke  in  July,  according  to  the  Eng- 
lish accompt,  as  yourselfe  shall  please  to  appoint,  declaring  yo"" 
mynde  in  due   season,  that  I  may  certifie  the  comissioners 
thereof;  sooner  it  cannot  bee,  in  referrence  to  other  publique 
occasions  of  the  collonies,  &  they  would  not  vnnecessarilie  de- 
ferr  it  as  hoping  (through  Gods  blessing)  wee  may  all  reap  the 
comfortable  fruites  of  such  a  meeting  &  treaty,  yett  if  the  last 
weeke  in  July  will  better  answere  yo""  occasions,  vppon  notice 
I  conceiue  the  comission''s  will  agree  &  order  according.     In 
the  meane  tyme  the  comission''®  desire  me  to  informe  yow 
that  -they  cannot  submit  to  the  taxes,  recognitions  &  other 
burdens  imposed  att  the  Manhataes ;  if  they  be  not  speedilie 
taken  of,  yow  may  not  blame  them  if  they  prouide  due  remedy 
against  them  ;  this  is  all  I  haue  from  them  to  ppound,  but  since 
I  hearde  from  the  comission'"«  by  other  conueiance  I  haue  rec^ 


APPENDIX.  531 

informatio  of  the  death  of  our  worthy  &  much  honoured  friend 
Mr.  Jo :  Winthrop,  late  gouernr  of  the  Massachusets  collonye ; 
he  departed  this  lyfe  the  26 'i'  of  March.  I  am  assured  he  is  a 
rich  gainer  by  his  remoue,  the  losse  is  ours,  and  accordinglie 
I  beleue  his  death  will  be  lamented  through  all  the  collonies. 
In  referrence  to  this  vnexpected  &  afflicting  prouidence,  I  de- 
sire to  vnderstand  yo""  mynde,  whom  you  will  choose  in  his 
roome  to  compose  &  arbitrate  differences,  or  how  the  meeting 
may  be  carried  on  to  answere  our  ioynt  aymes  &  hopes,  thus 
with  my  due  respects  I  rest,  Yo"  in  all 


Theo:  Eaton. 


Newhauen  in  New  Engl:  the  ll*^"^  of  Ap : 
1649.  st :  veter. 


T. 

Governor  Stuyvesant  to  Governor  Eaton. 

Worthy  S-", 

I  hope  yow  have  receiued  myne  in  answere  to  yo"  of  the 
17th  of  Febr:  &  whereas  yow  are  pleased  to  write  concerning 
the  answere  of  the  comissionrs  to  myne,  first  that  they  are 
vnsatisfied  in  diuerse  pticulars,  yett  willing  &  desirous  of  a 
meeting,  that  all  things  may  be  composed  in  a  neighbourlie  & 
iust  waye,  I  hope  I  haue  giuen  yow  and  them  sufficient  satis- 
factio  of  my  readines  therein,  &  shall  willinglie  attend  all  due 
meanes  for  the  accomplishing  it,  w^h  they  &  myselfe  conceiue 
may  be  effected  by  our  ioynt  meeting ;  and  vppon  some  consid- 
erations is  intended  att  Boston.  I  suppose  my  inabilitie  to 
trauaile  soe  farre  by  land  is  well  knowne  to  yow  &  them ;  and 
vnderstanding  by  the  latter  pte  of  yc  letter  of  the  death  of  that 
euer  honoured  &  worthy  gent :  Mr.  Winthrop,  I  doe  reallie 
condole  with  yow,  we  being  all  of  vs  in  these  ptes  participants 
in  the  sad  losse  of  one  whose  wisdom  and  integritie  might 
haue  done  much  in  composing  matters  betweene  vs,  &  shall 
therefore  referre  to  yow  and  theyre  considerations  wheather  or 
noe  the  meeting  may  not  as  well  be  att  Conneticut,  according 
to  the  tyme  appointed  (&  vppon  notice  thereof  shall  willinglie 
attend  it,)  if  not  I  shall  neuerthelesse  giue  yow  a  visit  att  New- 
hauen, where  wee  may  haue  some  speech  betwene  vs  indeau- 
ouring  to  remoue  all  mistakes  or  misapprehensions  betwene 
\s,  S"",  I  rest,  Yo""  assured  friend. 

Pet:  Styvesant. 

Fort  New  Amsterdam  in  New  Netherlands, 
May  the  4th,  1649. 


532  APPENDIX. 

U. 

Governor  Eaton  to  Governor  Stuyvesant. 

Honoured  S"", 

Yours  of  the  May  the  4ti>  by  Mr.  Allerton  I  receiued;  in 
both  yow  expresse  att  least  a  purpose  to  call  Joseph  Scot  to 
an  accompte  aboute  the  cowe,  &c.  I  hope  yow  will  prouide 
that  the  man  at  Stamforde,  who  bought  the  cowe  after  she  had 
bynnc  condemned  in  that  courte,  may  haue  speedy  &  iust 
satisfactio,  with  due  allowance  for  dammage,  but  what  place 
Toby  Feekes  held  vnder  you  att  Greenwich,  what  order  he 
had  first  to  deteine  and  then  to  send  awaye  the  cowe,  after 
judgement  in  the  English  jurisdictio,  without  satisfaction  to  the 
pty  interressed,  &  how  justice  may  haue  a  due  course  here- 
after in  these  neighbour  jurisdictions,  without  disturbance  & 
offence,  is  of  higher  consideratio  then  the  vallew  of  the  debt  or 
price  of  the  cowe. 

Your  answere  to  the  commissioners  letter  from  Plimouth, 
in  diuerse  pticulars  did  not  satisfie  them,  I  therein  gaue  yow 
there  owne  words,  yet  they  were  willing  &  desirous  of  a  meet- 
ing, that  all  differences  being  considered  &  duly  satisfied,  a 
just  peace  betwixt  the  English  collonies  and  neighbour  planta- 
tions vnder  the  Dutch  gouerment,  might  be  continued  &  con- 
firmed, only  in  referrence  to  Mr.  Winthrop  &  Mr.  Bradforde, 
whose  presence  &  helpe  to  'heare  &  compose  your  selfe  pro- 
pounded   and   desired,   tlie    commissioners   thought  Boston 
would  be  the  fittest  place  for  meeting,  not  att  all  questioning 
yo""  abilitie  to  trauell  att  least  by  sea,  to  soe  neere  a  port,  but 
I  haue  sent  the  contents  of  yo""  last  letter  to  the  Massachusets, 
&  shall  retourne  theyre  answere  with  my  first  conueniencie. 
I  haue  spoken  to  Mr.  Allerton  to  whose  informatio  yow  refer- 
red me,  aboute  the  customs  or  recognitions,  with  other  bur- 
thens imposed  att   the   Manhataes;  from   him  I  vnderstand 
they  are  all  taken  of,  &  the  hand  taken  downe,  att  least  that 
all  in  the  English  collonies  may  anchor  where  they  themselues 
see   good,  in  referrence  to  theyre  safetie   and  eonuenience, 
whence  I  conceiue  that  in  all  respects  they  shall  finde  the 
Manhataes,  both  in  theyre  trade  there,  &  in  theyre  passage  to 
and  froe,  as  open  &  free  as  the  English  harbours  haue  hitherto 
bynne  to  the  Dutch,  but  whether  Mr.  Allertons  informatio  or 
my  apprehension  be  free  from  errour  and  mistake  I  knowe  not, 
&  may  hereafter  possiblie  be  questioned,  if  therefore  your  selfe 
had  been  pleased  in  a  matter  of  this  weight  to  haue  certified 
what  is  concluded  &  setled  in  the  former  pticulars,  vnder  yo'" 
owne  hand,  that  all  the  English  collonies  might  fully  vnder- 


APPENDIX.  533 

stand  tlieyre  libertie,  or  what  will  be  expected  from  tliem,  it 
would  certainelie  byn  more  to  satisfactio. 

Lastlej  whereas  yow  are  pleased  to  offer  a  visit  att  New- 
hauen  for  conferrence,  &  to  remoue  mistakes,  &q.  though  in 
referrence  to  psonall  respects,  I  am  free  for  all  friendlie  offices, 
wheather  att  Manhataes  or  Newhauen,  yet  remembring  what 
hath  passed  not  only  formerlie  in  Mouns""  Kiefts  tyme,  but 
more  latelie  since  yo""  selfe  haue  managed  that  publique  trust, 
I  shall  offer  it  to  yo""  consideratio  wheather  after  a  publique 
treatye  hath  bin  soe  often  ppounded  by  yow,  and  by  vs  accept- 
ed, to  compose  differences  wherein  other  collonies  are  inter- 
ressed,  it  be  on  your  pte  conuenient,  or  comly  on  myne,  to 
resolue  it  (without  theyre  satisfactio  or  consent)  into  a  priuate 
visit  &  conference  att  Newhauen,  and  in  referrence  to  offences 
heere,  whether  you  be  prepared,  (according  to  what  shall  ap- 
peare  &  be  proued  just)  to  giue  satisfaction  to  the  questions 
yow  know  in  discharge  of  my  duty  to  the  crowne  of  England, 
my  ingagement  to  this  jurisdiction,  &  in  answere  to  the  com- 
plaints of  some  pticular  psons,  I  shall  be  necessitated  to  pro- 
pownd  &  presse,  or  wheather  without  such  satisfaction  we 
may  propablie  expect  that  our  meeting  att  Newhauen  should 
pduce  any  comfortable  fruites  or  effects.  I  hope  yow  will  nei- 
ther misconsture  nor  censure  this  open  and  plaine  dealing, 
wherein  I  still  pfesse  my  only  aimc  is  to  further  a  due  setling 
of  peace  &  amitie,  and  soe  I  shall  rest, 

Yours  in  all  offices  of  louc, 

The:  Eaton. 

Newhauen  in  New  Engl : 

April  the  30^'',  1649,  st.  vet. 


Y. 

GOVEENOR  StUYVESANT  TO  GOVERNOR  EaTON. 

To  Mr.  Eaton. 

Yours  of  the  SO^h  of  Apr'i,  stil:  vetere,  I  receiued  &  receiu- 
ing  a  lett'"  from  Heemstate  after  the  vpsealing  of  my  last  vnto 
yow,  I  sent  it  yow  by  Mr.  Allerton,  togeather  with  a  discharge 
to  Joseph  Scot  from  the  atturney  of  the  man  att  Stamford. 

And  whereas  yow  are  pleased  to  write  againe  concerning 
the  commissioners  being  vnsatisfied  in  diuerse  particulars  in 
myne  to  them,  I  hope  they  will  neither  expect  or  require  more 
from  me  then  what  I  may  well  answere  to  the  state  I  serue. 


534  APPENDIX. 

Concerning  Mr.  Allertows  informing  yow  of  the  taking  of  the 
recognitio  of  goods  imported  heere  (from  New  England)  by 
your  countriemen,  yow  may  please  to  vnderstand  that  the  ten 
p  centum  formerlie  demanded  and  paid,  it  is  for  present  sus- 
pended &  not  to  be  demanded  or  paid  till  further  order,  and 
allthough  vppon  very  good  considerations  there  was  a  signe 
erected  for  to  anchor  within,  yet  being  now  blowne  downe  by 
accident  shall  be  no  more  sett  vp,  allthough  vppon  request  I 
neuer  denyde  any  of  yo''  countriemen  libertie  to  anchor  where 
they  pleased  after  they  had  shewne  th^yre  obedience  to  the 
said  order. 

Concerning  my  writing  vnto  yow  aboute  my  intentions  of 
glueing  yow  a  visit  att  Newhauen  in  case  that  the  commis- 
sioners did  not  meete  at  Conneticut,  and  that  in  reference  to 
psonall  respects  yow  were  free  for  all  friendlie  offices,  wheath- 
er  att  Manhataes  or  Newhauen,  yet  remembring  things  past  in 
the  tyme  of  my  predecess'',  &  what  hath  bynne  done  by  my 
order,  yow  referre  to  my  considoratio  the  inconueniences  that 
may  thereby  arise,  S"",  I  haue  no  reason  to  miscontrue  or  cen- 
sure your  open  &  plaine  dealing  therein,  but  to  embrace  it 
with  a  friendlie  acknowledgem'^  of  yo""  wisdom,  for  I  suppose  it 
is  well  knowne  vnto  yow  that  in  relation  of  my  duty  to  the 
state  I  serue,  I  cannot  answere  those  ends  you  may  be  neces- 
sitated to  vrge  &  presse,  and  shall  therefore  further  attend  yo"" 
answere  from  the  comissioners,  in  the  interim  shall  rest, 

Yo""  lo:  friend, 

May  the  26th,  (49.)  Pet:  Styvesant. 


W. 

Governor  Eaton  to  Governor  Stuyvesant. 

Honoured  S"", 

Yours  of  the  26*^  May,  1649,  st:  no:  I  haue  rec''  &  since 
that  another  dated  June  concerning  fugitiues,  of  whose 

arriuall  in  these  ptes  I  yett  heare  nothing,  but  haue  g[iven] 
order  to  our  marshall  to  enquire  and  apprehend  tliem. 

The  comission'"s  cannot  but  conceiue  &  conclude,  that  the 
states  you  serue  will  approue  &  commend  a  just  carriage  and 
corre^pondencie  towards  all  the  English  collonies,  &  certainelie 
in  such  passes  of  righteousnes  the  state  of  England  will  direct 
&  walke  with  them;  we  haue  formerlie  protested  against 
Mouns''  Kiefts  iniurious  course  att  Deleware  &  else  where,  as 
yow  haue  bin  informed ;  our  right  there  is  well  knowne  (not 


APPENDIX.  635 

only  to  the  English  but)  to  the  Ducli  &  Sweeds  &  Indians. 
Wee  neuer  claimed,  nor  doe  we  desire  to  posesse  a  foote  of  land 
to  which  yow  can  shew  any  iust  title,  but  we  may  neither  lose 
nor  let  fall  the  English  interest  &  claime  in  and  to  what  we 
haue  purchased  &  paid  for  in  those  ptes ;  had  yow  bin  pleased 
to  haue  met  the  comission''s  att  Boston,  these  &  other  greiu- 
ances  which  (I  need  not  mynde  yow  of)  might  haue  bin  dulie 
debated,  &  by  such  a  referrence  as  your  selfe  haue  ppounded, 
justice  issued.  The  comission's  for  the  Massachusets  haue 
latelie  certified  me  that  with  conueniencie  they  cannot  meet 
at  Conneticut,  besides  Mr.  Bradford  his  indisposition  to  trau- 
aile,  of  W^^  I  wrote  formerlie  ;  Mr.  Dudley,  one  of  the  present 
comissioners,  is  aboue  70  yeares  of  age,  and  vnfit  for  such  a 
iourney. 

By  yot's  of  the  26"i  of  May,  I  vnderstand  that  the  10  p  cent.^ 
formerlie  required  &  taken  for  good[s]  imported,  is  only  for 
the  present  suspended,  it  may  then  be  reimposed  or  increased 
att  pleasure,  which  yow  know  cannot  satisfie;  that  the  hand 
erected  for  anchoring  is  downe  by  accident,  and  shall  be  sett 
vp  noG  more,  but  I  desire  if  yow  please  to  be  further  certified, 
wheather  the  English  in  theyre  trading  att  the  Manhataes,  and 
in  theyre  passing  by  to  and  from  Deleware,  Virginia,  &c.  may 
expect  a  full  freedome  from  all  recognition,  imposition  or 
charge,  by  what  name  soeuer  called,  both  for  goods  imported 
and  exported,  or  what  duties,  restraints  or  confiscations  they 
must  paye  and  submit  vnto,  &  vppon  what  grownds,  that  the 
merchant  seing  his  waye,  may  walke  safelie,  and  the  comis- 
sion''^  may  order  theyre  counsells  and  courses  accordinglie,  as 
they  wrote  to  yow  from  Plimouth,  Septemb''  1(3' '',  1648.  So 
S"",  I  take  leaue  &  rest, 

Yo"  in  all  offices  of  loue, 

Theo:  Eaton. 

Newhauen  in  New  Engl :  June  the 
7ti',  1649,  St:  vet: 


X. 

GOVEENOR   StUYVESANT   TO    GOVERNOE   EaTON. 

The  answere. 

Yo"  of  the  7th  of  June  I  rec^  and  wonder  much  att  Mr. 
Allertons  neglect  in  shewing  yow  the  letter  and  discharge  con- 


536  APPENDIX. 

cerning  the  cowe  ;  assone  as  he  retournes  I  shall  speake  with 
him  aboute  it,  &  then  write  to  yow  againe, 

Coiiceniing  yo'"  ptest  against  my  predecessour,  Moiins'' 
Kieft,  aljoute  some  passages  att  the  Sowth  riuer,  called  Dele- 
ware,  I  donbt  not  but  what  he  did  was  vppon  warrantable 
grownds,  and  made  yow  a  sufficient  answere,  but  concerning 
our  right  there,  and  of  my  intentions  of  maintaining  it,  I  haue 
allready  written  to  the  gouernours  of  the  Massachusets  &  Plim- 
mouth,  who  I  suppose  will  acquaint  the  comissioners  witli  it. 

Whereas  yow  write  to  me  concerning  yo""  countriemens 
trading  lieere,  and  passing  to  and  from  Virginia  and  Dele- 
ware,  &c.  I  haue  allready  Avritten  &  graunted  as  much  as  I 
can  or  dare  doe,  vntill  I  liaue  further  order  from  my  soiie- 
reignes  and  masters,  and  am  not  to  be  responsible  to  any  but 
them,  nor  regulated  by  any  but  them. 

Your  assured  friend. 

Pet :  Styvesant. 

July  the  2J,  (1649,)  st:  no: 


INDEX. 


Abbott,  Robert,  goodman,  10,  76,  86, 138,  152, 
156, 162, 168,  401. 

Absent  lots,  see  Vacant  lot8. 

Acie,  Ruth,  84. 

Adam.s,  Edward,  46. 

Addam3,  Thoma.s,  140. 

Akerlye,  Ilenrj'.  32. 

Alarum,  soldiers  to  repair  to  the  meetinghouse 
upon,  78. 

Alienations  to  be  recorded,  83,  215. 

Allcote,  Thomas,  (in  the  Bay,)  365. 

Allen,  John,  140. 

Allen,  Robert,  138. 

Allen, sister,  goodwife,  304,  443. 

Allerton,  Isaac,  302,  309,  325,  499,  520,  532, 
534,  535. 

instructed  by  Dutch  Governor  to  raise  sol- 
diers for  aid  against  Indians,  116. 

Allerton,  sister,  304. 

Ailing.  Allen,  Roger,  9,  18,  33,  59,  68,  69,  91, 
138. 228,  232,  279, 295,  302,  343, 358,  387,  390, 
410,  431,  477. 

Allotments,  committee  chosen  to  advise  about, 
24. 

Alsop,  Allsop,  Joseph,  94,  139,  299,  449,  459. 

Alsopp,  Timothy,  297. 

Ammunition  to  be  provided  for  the  town,  500. 

Anderson,  David,  28,  59. 

Anderson,  Richard,  140. 

Anderson,  WiUiam,  140. 

Andrewes,  Jane,  84. 

Andrewes,  Nathan,  141. 

Andrewes,  Samuel,  140. 

Andrewes,  William,  9,17,  20,  24,  25,  28,  32,  33, 
41,  43,  50,  81,  88,  93,  120,  137,  142,  143,  145, 
152,  158,  165,  186,  188,194,206,  250,  277,292, 
299,  302,  304, 319,  &57,  368, 388, 405,  408,  411, 
424,  425;  428,  429, 438, 462, 474,  481,  495,  503. 
chosen  for  the  foundation  work  of  the  church, 
16  ;  sergeant,  76  licensed  to  retail  wine,  166j) 
218 ;  keeper  of  tne  ordinary,  209 ;  desires  to 
lay  it  down,  273,  312,357,389. 
heut.  of  artillery,  382 ;  has  liberty   to  take 
trees  for  timber  yard,  458. 
Andrewes,  William,  jun.,  229,  334,  449. 
Anthony  the  neager,  trial  of,  335. 

Arms,  planters  to  be  furnished  with.  25,  96, 

131,  201 ;  to  be  viewed  quarterly,  131. 
Artillery  company,  241. 
liberty  granted  to  begin  an,  141,  203  ;  mem- 
bers of  to  be  exempt  from  squadron  train- 
ings, 156 ;  officers  and  orders  of,  confirmed, 
157  ;  to  go  on  according  to  their  own  orders, 
187 ;  officers  of,  chosen,  382. 
Ashby,  Thomas,  31. 
Aspenall,  William,  67. 
Astwood,  Capt.  John,  263,  332, 350,  467,  492. 

deputy  for  Milford,  112,  129. 
Atherton,  Mr.  619. 

68 


Atkinson,  Luke,  18,  57,  90,  92,  109,  138,  261, 
303,  316,  430,  486. 
charged  with  defaming  Mr.  Davenport,  279. 

Atwater,  David,  18,  41,  93,  138,  155,  302,  321, 
364,  365,  370,  382,  404,  470,  496. 

Atwat«r,  Joshua,  bro.,  Mr  ,  9,  18.  41,  49,62, 
75,  79,  86,  93,  126,  137,  141,  147,  149,  164, 
166, 176, 186, 196,  210,  214,  225,  239,283,302, 
314,  331,  414,  430,  441,  448,  465,  495,  499. 
treasurer,  171,  274;  treasurer  for  the  juris- 
diction, 275. 

Auditors  of  treasurers  accounts  chosen,   171, 
274,  3-54,  425. 

Auger,  Nicholas,  95,  133.  139. 
freed  from  watching,  375. 

Axtell,  Nathaniel,  31,  35,  91. 

Bovkin,  Jarvis,  17,  50,  59,  80,  93, 125,  138, 145, 
155,  179,  194,  277,  302,  325,  376,  404,  408, 
424,  438,  444,  448,  465,  466,  501. 
Boykin,  Nathaniel,  141. 
Boykin,  sister,  303. 

Bracie,  John,  Mr.  139,  233,  302,  323,  325. 
Bracie,  Mrs.,  304. 
Bradley,  brother,  188. 
Bradley,  Daniel.  140. 
Bradley,  Stephen,  141. 
Bradley,  William,  139, 175,  228,  427. 
Branch,  Arthur,  335. 
Brewster,  Francis,  50,  93, 139, 180,  196,  343. 

inventory  of,  presented  in  court,  362. 
Brewster,  Joseph,  170,  173,  264. 
Brewster,  Mrs.  Lucy,  173,  258,  259,  269,  280, 
303,  343,  363. 
trial  of,  242. 
Bridges  to  be  built,  61,  76,  188,  210,  226. 
Bristow,  Henry,  1.39,  459,  487. 
Broadstreet,  Mr.  74. 

Brockett,  John,  10, 13,  17,  26,  88,  91,  95,  138, 
186,  188, 221,  303, 354, 375,  428,  446,  448,  466, 
477,  502. 
Brockett,  sister,  304. 
Bromfield,  William,  28,  29. 
Brookes,  John,  1401 
Browne,  Eleazer,  141. 

Browne,  Francis,  10,  18,  42,  50,  61.  62,  94,  135, 
138,  183,  188,  230,  241,  261,  303,  314,  389, 
4.30,  4.31,  448,  458,465,  486,  495,  501. 
to  keep  the  ferry,  165.  , 

Browne,  John,  140. 
Brownej  Lidia,  38. 

Browne,  Peter,  18,  92,  122,  138,  164,  240,  297. 
302,  317,  400'. 
licensed  to  bake,  29. 
Browne,  sister,  304. 

Browning,  Brunwing,  Henry,  Mr.,  17.  32,  50, 
56,  62,  93,  138, 153,  161,  183,  196,  225,  231, 
284,  302,  321. 
Bryan,  Bryant,  Mr.,  56,  79. 


538 


INDEX. 


Buckingham,  Thomas,  goodman,  28,  91,  320. 

Budd,  John,  17,  81,  91,  264,  360,  444,  486,  498. 

Bullets  not  to  be  fired  in  the  town,  48,  205. 

Bunnill,  Benjamin,  140. 

Bunnill,  goodwife,  478. 

Burchall,  Nathan,  109, 120,  139, 152. 

Burret,  William,  of  Copeage,  184. 

Burrows,  John,  142. 

Busheag,  arraigned  for  murder,  146. 

Badcock,  George,  46,  80. 

Badger,  Thomas,  24,  61,  67. 

Badger,  William,  393,  438. 

Baile,  John,  140. 

Baldwin,  Timothy,  44, 197. 

Baldwin,  widow,  92. 

Ball,  Allen,  120,  138,  269,  270,  273,  378,  427, 

434,  444. 
Ball,  Dorithy,  269. 
Ball,  Goody,  268. 

Ball,  WiUiam,  125, 139,  264,  380,  465. 
Baly,  Nicholas,  139. 
Banks,  George,  261,  272. 
Bannister,  Edward,  13,  17,  35,  92, 138, 142, 153, 

155,  297,  302,  308,  460,  477. 

will  of,  presented  in  court,  479. 
Bannister,  Goody,  304  ;  Ellen,  479. 
Barnes,  Obadiah,  51. 
Barker,  goodman,  75. 

Barnes,  Thomas,  95.  121,  139,162,314,418,502. 
Bartlets,  the  two,  493. 
Bassett,  goodman,  241,  274,  304. 
Bassett,  John,  139,  178,  276,  303,  428,  495,  500. 
Bassett.  old,  157, 168. 
Bassett,  Robert,   139,  157,  379,  389,  393,  400, 

409,  424,  428,  429,453,  465,  469,  488,  500. 
Bassett,  sister,  304. 
Bassett,  Willi.m,  125,  134,  138,  261,  390,  410, 

412,  418,  424,  431,  441,  460,  477,  486. 
Bayley,  Samuel,  91. 
Beach,  Beech,  goody,  304. 
Beach,  Beech,  John,  87.  122,139,  173,  370,  499. 
Beach,  Beech,  Richard,  13,  17,  32,  46,  75,  92, 

122,  124, 138, 170, 178, 184, 294,  300, 303,  307, 

310,  345,  356,  364,  384,  427,  430. 
Beach,  Beech,  Thomas,  139,  232,  261. 
Beacher,  Isaac,  139,  498. 
Beamont,  Thomas,  18,  50,  61,  94,  138,  229,  292, 

389 
Beastiality,  trial  for,  62,  73,  295. 
Becklev,  Richard,  Serjeant,  17,  28,  50,  93,  133, 

138,  194,  302,  305,  314,  382,  446,  459. 
Beckley,  sister,  304. 
Bedford,  Margaret,  88,  89. 
Beere,  Adam,  477,  481. 
Bell,  Abraham,  corporal,  9,  IS,  35,  50,  93,  137, 

141, 160, 194,  225,275,  303,  338. 
Bell,  Bamfield,  173. 
Bell,  Francis,  9,  58. 
Bell,  James,  139. 
Bellingham,  Richard,  129. 
Benham,  John,  9,  17,  50,  91, 122,  139,  140, 167, 

194,  229,  261,  265,  292,  302,  364,  412. 
Benham,  Joseph,  140. 
Benham,  sister,  304. 
Benit,  Mr.,  467. 
Bennet,  Mrs.  249. 
Betts,  Roger,  139. 

Billingsgate  slutt,  definition  of  the  term,  180. 
Bishop,  goodman,  142. 
Bishop,  Henry,  139,  264,  400,  433,  453. 

prosecuted  for  slander  and  acquitted,   268  ; 

action  of  Mr.  Davenport  against,  392,  401. 
Bishop,  James,  139,  232, 378,  430,  434. 
Bishop,  John,  309,  488. 
Blackbirds,  reward  for  killing,  446. 
Blackman,  Mr.,  [Adam,]  347,  349. 
Blakeley,  Blacksley,  Blatchley,  Thomas,   123, 

124,  138, 152, 271. 
Blayden,  Wilham,  67,  122,  139,  188,  264,  271, 

321, 322,  324, 369, 378,  884. 


Boats  and  canoes  not  to  be  taken  without  leave, 

48,211. 
Boutle,  Henry,  140. 
Bower,  Mr.,  140. 
Bowten,  Richard,  141. 

Cabell,  Samuell,  271,  272. 

Cadwell,  Margaret,  327. 

Caffineh,   Caffins,  Ceffinch,  John,  93,  138,  165, 

229, 267,  325,  328,  371,  431,  454,  460. 
CaflBnch,  CafRns,  Ceffinch,  Mr.,  160,  179,  241, 

277,  278,  280,  302,  310, 315, 319, 326,  376,  377, 

384,  399,  444,  495. 
Caffineh,  Mrs.,  303. 
Caffineh,  Caffins,  Ceffinch.   Samuel,   139,   280, 

384,  454,  450,  460. 
Caffineh,  Thomas.  125, 139,  164,  325,  384. 
Caine,  Mr.  of  Boston,  61. 
Camfield,  goody,  303. 
Camfield,  Mathew,  10,  18,  188,  149,  225,  277, 

302,  314,  315,  319,  369,  387, 404,  408,412,  414, 

427,  448,  465,  486. 

land  granted  to,  for  planting  fruit  trees,  95. 
Camp,  Edward,  109,  139,  278,  453. 
Camp,  Goody,  262,  295. 
Campian,  Champion,  Robert,  28,  42,  87,  138. 
Canoes  to  be  viewed  and  marked,  157,  211. 
Capital  oflfendersto  be  sent  to  New  Haven,  130. 
Caroughood,  1,  5. 
Carter,  Henry,  139,  411. 
Catchman,  Richard,  169. 

Cellars,  young  men  not   to  live  in   by  them- 
selves, 70. 
Chadweil,  Richard,  Mr.,  859,  360,  373. 
Chambers,  Thomas,  89. 
Chapman,  John,  9,  17,  20,  41,  50,  91,  121,  122, 

135,  1.37,  144,  147, 196,  460. 
Chappell,  George,  124. 
Charge,  frcemans,  19.  20. 
Charge  for  masters  of  the  watch,  53. 
Charles,  goody,  245,  278. 
Charles.  John,  17,  29,92,  121,  1-53,422. 

action  against  for  loss  of  Mr.  Evance's  vessel, 

281 ;  for  contempt  of  court,  296 ;  slander,  298. 
Chatterton,  William,  140. 
Cheevers,  Ezekiel,  9,  17,  20,  50,  66,  71,  91, 124, 

137,  181, 194,  222,  289,  263,  269,308,863,  439. 

chosen  for  the  foundation  work  of  the  church, 

16 ;  schoolmaster,  210  ;  deputy  for  the  juris- 
diction court,  274. 
Cheevers,  sister,  303. 
Chidsey,  John,  139,  384. 

Chimneys  to  be  swept  once  a  month,  121,  212. 
(Jhipperfield,  Edward,  18,  75,  77,  122,  123,  138, 

151,  261,  276,  292,  380. 

has  liberty  to  make  bricks  in  the  plains,  226. 
Chittenden,  Mr.,  of  Guilford,  382,  472. 
Church,  Francis,  71,  123, 139. 
Church-members  only  to  be  free  burgesses,  15, 

17,110,112,191. 
Clarke,  John,  9, 17,  20,  67,  79,  92, 136,  137, 155, 

164,  215,  228,  280,302,  310,  333,  334,  364,876. 

interpreter  at  Indian  treaty,  7  ;  sergeant,  76; 

141 ;  desired  to  take  notes  of  proceedings  of 

the  court,  225  ;  clerk  of  trainband,  370. 
Clarke,  brother,  62. 
Clarke,  James,  17,  92,  138,  304, 391. 
Clarke,  James,  jun.,  l41. 
Clarke,  Robert,  140. 
Clarke,  sister,  303,  304. 
Clarke,  Thomas,  138,  173, 177,  234,  329. 
Clay-pits  to  be  laid  out  as  common,  52,  209  ; 

Blr.  Davenport  has  liberty  to  fence  up  the 

way  to,  160. 
Clements,  James,  487,  488. 
Cleverley,  Elizabeth,  77. 
Cockerill,  John,  26,  31,  82,  39,  41,  436,  444. 
Coe,  Robert,  deputed  by  Wethersfield  men  to 

treat  about  purchase  of  Toquams,  45  ;  deputy 

for  Stamford,  85,  129. 


INDEX. 


539 


Coefleld,  Thomas,  138. 

Coggswell,  Robert,  7,  41,  47,  92. 

Cogswell,  John,  17. 

College  com,  149,  210,  225,  311,  318,  354,  357, 

382. 
Commissioners  for  united  colonies  chosen,  87, 

117. 
Confederation  of  colonies,  commissioners  sent 

to  effect,  87,  199 ;  each  plantation  to  have 

copy  of  articles  of,  97. 
Connecticut,  35.  89,  96.  110,  124,  188,  225,  226, 

298,  357,  419, 481,  498,  501 ;  New  Haven  joins 

with,  to  procure  patent,  211.      * 
Constable,  Mr.,  50. 
Constable,  Mrs.,  93,  196. 
Constable,  George,  140. 
Contributions,    reference    to    the    manner  of 

making,  244. 
Cooper,  towper,  John,  10,  17,  50,  93,  94,  125, 

138,  171,  194,  228,  231,  232,261,275,277,  292, 

293,  302,  305,  363,  375,  376, 404, 405, 409,  415, 

419,  426,  431,  444,  446,  447,452,  454,  459,466, 

486,  496,  503,  504. 

to  sweep  chimneys,  121,  212  ;    to  be  public 

pounder,  406.    • 
Cooper,  sister,  303. 
Coopers  ware  to  be  branded,  377. 
Cotton-wool,  every  family  to  have  a  coat  of,  121, 

214. 
Council  of  war  appointed,  135,  167,  484. 
Courts  for  the  combination,  time  of  holding, 

70,  113  ;  for  the  plantation,  160, 191. 
Cox,  Edward,  24. 
Cox,  Joseph,  170. 
Crab,  Richard,  128. 
Crane,  Crayne,  Jasper,  Mr.,  9,  17,  39,  40,  41, 

43, 44,  47,  49,  57,  58, 61,  62, 91. 138,  143,  155, 

156,  161, 164, 172,  179, 196,  215',  231, 232, 261, 

272,  283,  302, 805,  325,  331,  376,  377, 379,  383, 

391,  401, 408,  428, 433,  436,  440,  444,  459, 478, 

495. 

deputy,  173,  354,  381,  456,  deputy  for  the 

jurisdiction,  381,  456,  481. 
Crayne,  sister,  303. 
Crooker,  William,  351. 
Crowder,  Mathew,  123,  125,  153. 

Daniel,  Stephen,  140. 

Davenport,  John,  1,  5,  9,  II,  13,  17,  21,  25,  62, 
64,  91,  160,  184,  242,  267,  333,  399,  401,  420, 
433,  467. 

chosen  for  foundation  work  of  the  church, 
16 ;  one  of  the  seven  pillars,  20  ;  land  granted 
to,  42,  95,  195 ;  lot  to  be  fenced  at  common 
charge,  183, 189;  Luke  Atkinson  charged  with 
defaming,  279;  action  of,  against  Henry  Bish- 
op, 392. 

Davenport,  John,  jun.,  140. 

Davenport,  Mrs.,  303. 

Davis,  goodman,  brother,  10,  50,  62,  69, 121, 
232,  275, 302. 

Davis,  John,  46,  58, 140. 

Davis,  sister,  303. 

Davis,  William,  18, 1-38,  149. 155,  314,  404,430, 
448.  458,  479,  486,  495. 

Dayton,  Deighton,  Ralph,  18,  50.  139,  162,168, 
172,227,232,430,452. 

Dayton.  Daighton,  Samuel,  2,  58,  272,  293. 

Dayton,  goodman,  303,  320,  321.  326,  351. 

Dearmer,  Dermer,  Mr.,  50,  93, 196. 

Deacons,  to  choose  their  fanns,  43  ;  freed  from 
watching,  374. 
»  Delaware  Bay,  79,  124,  147,  184.  280. 

plantations  to  be  settled  at  in  combination 
with  New  Haven,  56;  treatment  of  Mr.  Lam- 
bevton  and  others  by  the  Sweeds  at,  106-108. 

Deputies  for  New  Haven  chosen,  21.  44,  69,  78, 
85,  119,  120,  148, 156, 171,  274,  3.54,  381,  456 ; 
proposed  to  choose  yearlj-,  187  ;  old  to  con- 
tinue, and  then  to  be  chosen  annually,  225; 


freed  from  watching,  374  ;  chosen  for  the  ju- 
risdiction, 111,  112,  125,  146,  147,  156,  171, 
227,  274,  354,  381,  456,  481. 

Deputy  governor,  chosen,  112,  275;  to  give 
governor  his  oath,  133. 

Dickenson,  Thomas,  77. 

Dillingham,  John,  90,  133,  138,  151,  423. 

Dimock,  Tobias,  282,  286,  299. 

Disborough,  Samuel,  96,  333,  372,  467,  492. 
chosen  magistrate  for  Guilford,  275. 

Dixon,  Jeremy,  9,  17,  41,  44,  50,  93,  196,  444. 
chosen  for  foundation  work  of  church,  16 ; 
one  of  the  seven  pillars,  20. 

Doolitle,  Dowlitle,  Abraham,  94,  139,  384. 

Dormer,  Edmund,  140. 

Downe,  John,  140,  267,  399. 

Downing,  Elizabeth,  239,  327. 

Downing,  Dunning,  George,  139,  273. 

Draper,  Nathaniel,  366,  421,  450. 
will  of,  presented  in  court,  335. 

Duhurst,  Roger,  26. 

Dume,  Thomas,  328. 

Dun,  Thomas,  139. 

Dutch,  ship  taken  out  of  the  harbor  by  the,  333,   " 
354  ;  prisoners  from  the,  363,  511 ;  set  at  lib- 
erty, 333  ;  desire  to  go  to  the  Dutch  governor, 
361 ;    have  run  away,  413. 

Dutch  governor  lustructs  Capt.  Underbill  and 
Mr.  Allerton  to  procure  the  raising  of  troops, 
116  ;  protest  from,  received,  265,  355  ;  letter 
sent  to,  with  a  prisoner,  422,  462,  628. 

Dyer,  John,  32. 

Eaton,  Tlieophilus,  1,  5,  9,  13, 17, 22, 24, 25,  40, 
44,  46, 64,  91,  121, 127,129, 167, 170,  329, 438, 
467, 489  ;  eljosen  for  foundation  work^of  the 
church,  16  ;"ine  of  the  seven  pillars,  20}  mag- 
istrate 2l,  44,  58, 78;  land  granted  to,  42, 195 ; 
commissioner  for  D.  C,  87,  96, 117,  275 ;  gov- 
ernor, 112,  275 ;  takes  oath  of  office  agjl  fidel- 
ity, 136  ;\freed  from  paying  rates,  457^iletter3 
from,  to  gov.  Kieft,  265  ;  to  gov.  Stuyvesant, 
507,  508,  514,  523, 525, 527,  528,  530, 532, 534  ; 
to  gov.  Wintiirop,  517  ;  letters  to,  from  gov. 
Stuyvesant,  512,  522,  526,  627,  531,  533,  635. 

Eaton,  James,  140. 

Eaton,  old  Mrs.,  50,  91,  185,  194,  303,  334. 

Eaton,  Mrs.,  243,  246,  268,  270. 

Eaton,  Samuel,  (Rev.)  9,  17,  20,  24.  40.  45,  50, 
91,  196,  4-38. 
Totoket  granted  to,  40. 

Eaton,  Samuel,  140. 

Edwards,  Richard,  109,  139. 

Eldred,  Mr.,  of  London,  298,  299. 

Eldred,  Mrs.,  50,  93,  94,  95,  196,  427,502. 

Elections,  to  be  held  in  October,  21,  115, 191. 

EUcott,  Anthony,  140. 

EUsey,  Thomas,  9. 

Elsey,  Nicholas,  17,  91,  122,  138,  155,  166,  214, 

296,  302,  411,  458,  482. 
Elsie,  goodwife,  sister,  252,  304. 

Emery,  Robert,  122,  139,232,  257,329,477,489. 
England,  John,  163,  294. 
Evance,  David,  125,  133, 138,  366. 
Evance,  John,  18,  25,  28,  49,  74,  75,  77,  79,  93, 
137,  151,  173,  178, 196,  219,241,250,  274,291, 

297,  301,  302,  304,  320,  325,  326,  333, 334,347, 
354,  366,  367,  372,  376;  379,  408,413,  414,419, 
421,  425,  429,  438,  449,  453,  458,462,  477, 480, 
490,  495,  498,  499. 

deputy,  119,  125,  148,  156,  171 ;  proposes  to  tf 
dig  a  channel  to  improve  the  harbor,  143. 
cellar  belonging  to  Mr.  Trobi-idges  house 
granted  to,  189,  219 ;  action  of,  against  John 
Charles  for  loss  of  vessel,  281 ;  against  John 
Charles  for  slander,  298  ;  against  Mr.  Wester- 
house  for  ship  Swallow,  467  ;  offers  to  procure 
ammunition  for  town,  600. 
Excommunicates,  unlawful  to  eat  with,  249. 


640 


INDEX. 


Fancy,  Fancie,  William,  89, 139,  229,  233,  300.    I 

Fancy,  goodwife,  89, 177,  233.  I 

Fames,  Samuel,  140,  498. 

Farrett's  Island,  purchase  of,  offered  to  the 
town,  57. 
t-  Fees  of  the  court,  216  ;  increased,  185. 

Fences,  every  quarter  to  appoint  committees  to 
view,  126, 207  ;  surveyors  to  be  appointed  for, 
150,  155. 

Fence  viewers  chosen,  228,  314,  389,  466. 

Fenne,  Benjamin.  91. 

Ferry,  Francis  Browne  to  keep  the,  165 ;  land 
laid  to,  188,  217. 

Finch,  Abraham,  killed  by  the  Indians,  23. 

Fire-hooks  to  be  provided  for  the  town,  49, 212. 

Fires  to  burn  leaves,  &c.,  not  to  be  kindled  in 
the  town,  157,  212. 

Fish,  planters  may  set  up  wears  to  catch,  311. 

Fisher,  John,  378. 

Ford,  goodman,  of  Windsor,  419. 

Ford,  goody, 304. 

Ford,  Samuel,  140. 

Ford.  Timothy,  17,  32,  92, 122, 138,  232,  303. 

Fornale,  Strong,  of  Boston,  366. 

Forrester,  Capt.,  516,  521. 

Fowler,  sister,  304. 

Fowler,  William,  Mr.,  10,  31,  32,  33, 92, 105, 112, 
127, 129, 138,  155,  156, 174, 181, 267, 275,  276, 
278,  302,  325,  409,  424,  495. 
chosen  magistrate  for  Milford,  112,  275  ;  ser- 
geant, 313;  sergeant  of  artillery,  382. 

Foxen,  150. 

Frankland,  Thomas,  42,  46. 

Free-burgesses,  church  members  only  to  be.  15, 
17,  110, 112,  191. 

Freemen,  list  of  names  of,  9. 

Freemans  charge,  19,  20. 

Free  school  to  be  set  up,  62,  210. 

French,  Thomas,  80, 124. 

Frost,  George,  282. 

Fugill,  Thomas,  9, 17,  24,  25,  30,  32,  49,  87,  92, 
93, 137, 194, 196,  233,  244,  272,  273,  305,  313, 
426,  440,  444 ;  chosen  for  foundation  work  of 
church,  16  ;  one  of  the  seven  pillars,  20 ;  dep- 
uty, 21 ;  public  notary,  21 ;  secretary,  44,  58, 
78,  119.  148,  171 ;  secretary  for  jurisdiction, 
112  ;  land  granted  to  at  \\est  Rock,  60  ;  land 
of  at  West  Eock  to  be  measured,  186 ;  pro- 
ceeded against  for  taking  in  more  land  than 
his  proportion,  and  for  falsifying  orders,  221 ; 
deprived  of  his  oflice,  225^forbidden  to  sell 
*  his  goods  or  remove,  260 ;  fined  for  his  un- 
righteousness, 262_^' 

Fuller,  Daniel,  38. 

FuUer.  Lancelot,  123, 133,  383,  492. 
action  of,  against  Francis  Newman  and  wife 
for  slander,  473. 

Fundamental  agreement  of  1639, 11 ;  to  be  sign- 
ed by  all  admitted  planters,  17  ;  of  the  juris- 
diction, 112-116. 

Fyde,  Kichard,  264. 

Galpin,  Phillip,  251,  259, 327,  335,  366,  421, 450, 
477. 

Games,  Thoms,  39. 

Gates  to  be  made  at  end  of  every  street,  24. 

General  court  for  the  jurisdiction,  how  consti- 
tuted, 114. 

General  trainings,  160  ;  times  of,  187,  202. 

Gennings,  Nicholas,  88, 105,122. 

Gernsye,  Guernsie,  Joseph,  139,  239,  327,  380, 
384. 

Gibbard,  William,  Mr.,  10, 18, 125, 126, 134, 138. 
143,  149,  151,  186,  221, 233, 263, 267, 275,  302, 
336,  376;  392,  418,  434,  481. 
deputy,  156, 171, 274,  354,  381, 456 ;  treasurer, 
381,  457  ;  declines  but  retained,  387. 

Gibbard,  Mrs.,  303. 

Gibbins,  Gibbons,  WilUani,  18,  42.  94,138,  145, 
303,310,326,378,411,444. 


Gibbons,  Gibbins,  Henry,  61,  80, 122, 124,  139, 

271,  303,  320,  355,  379,  400,  436. 
Gibbons,  Major,  473. 
Gibbs,  Gibbes,  John,  goodman,  9,  18,  44,  126, 

136,  138,  151,  232,  233,  302,  325,  404,  468. 

chosen  deputy,  274,  354. 
Gibbs,  John,  hatter,  140. 
Gibbs,  sister,  303. 
Gilbert,  Mathew,  Mr.,  9,  17.  24,  25,  31,  32,  41, 

67,  69,  91,  94, 126,  135, 137, 143, 149, 163, 173, 

195,  241,  267,  293,  319,  404,  423, 430,441,465, 

473,  495. 

chosen  for  foundation  work  of  church,  16; 

one  of  the  seven  pillars,  20 ;  deputy,  21,  44, 

51,  58,  69,  78,  85  ;  land  granted  to,  95. 
Gilbert,  Mrs.,  89,  303. 
Gildersleeve,  Richard,  10. 

deputy  for  Stamford,  85,  112. 
Glover,  Henry,  94,  122,  138, 146,  155,  233,  265, 

303  389  430 
Godfrey,  Joseph,  lieutenant,  186, 199,  252,  256, 

288,  299,  337,  366„372. 
Goldam,  goodman,  156. 
Goldham,  Henry,  432. 
Goodanhouse,  Samuel,  139,  S55,  378,  380,  382, 

419,  429,  453,  470,  472,  480,  499. 

becomes  surety  for  the  three  Dutch  prisoners, 

333 ;  desires  to  be  released  from  his  bond,  413. 
Goodman,  Mr.  Eliz.,  80. 
Goodyear,  Stephen,  9,  18,  51,  56,  57,  63,  75,  77, 

80,  87,  91,  112,  127, 137,  142, 148,  163, 171, 

178,  211,  241,  250,  258,  307,  329,  333, 366, 372, 

378,  382,  403,  422,  425, 429,  440,  444,  454, 480, 

492,  508. 

magistrate,  58,  78;  to  write  a  letter  to  Yenny- 

cot,  97  :  deputy  governor,  112,  129.  275. 

commissioner  for  U.  C,  117,  275  ;aicensed  to 

brew  beer  for  town,  192^  letter  from,  to  gov. 

Stuyvesant,  511,  517  ;'  letter  to,  from  gov. 

Stuyvesant,  513,  520. 
Governor,  chosen,  112, 275  ;  takes  his  oath,  136. 
Granest,  Edward,  487. 

Great  guns  to  be  fitted  for  service,  121, 136, 168. 
Greene,  widow,  50,  92,  194. 
Gregory,  John,  brother,  154,  301,302.  352,  358, 

384,  420. 

leather  sealer,  242. 
Gregory,  Henry,  of  Stratford,  345,  384. 
Gregory,  Juda,  349. 
Gregory,  sister,  303, 
Gregson,  Hannah,  474. 
Gregson,  Mrs.,303.  430. 
Gregson,  Rebecca,  475. 
Gregson,  Thomas,  9,  18,  25,  29,  31,  33,  46,  59, 

75,  79,  80,  91,  96,  112,  120, 124, 127, 137, 151, 

152,  170, 174,  258,  329. 

truckmast«r,  43 ;  deputy,  44,  51,  58,  69,  78, 

86 ;  treasurer,  51,  78 ;  commissioner  for  U.  C., 

87,  96, 117. 

magistrate,  112.  129,  275 ;  land  granted  to, 

142, 144,  197 ;  agent  to  procure  patent,  149, 

211. 

inventory  of,  brought  into  court,  341. 
GrifBn,  John,  123,  138,  285,  455. 
Griffen,  Joshua,  139. 
Grove,  Groves,  goodman,  184,  351. 
Guernsie,  John,  265,  see  Gernsye. 
Guilford,  110,  118,  129,  130,  229,  281,  345,  348, 

420,  422,  472, 492. 

named,  97  ;  Mr.  Leete  and  Mr.  Disborough 
chosen  deputies  for,  112 ;  court  constituted 
at,  131 ;  Mr.  Disborough  chosen  magistrate 
for,  275 ;  action  of,  against  John  Ceffinch,  371, 
431 ;  against  Thomas  Standish,  497. 
Guillam,  James,  139. 

Halbidge,  Holbridge,  Halbich,  Arthur,  13,  17, 
32,  39,  46,  56,  92,  138, 153,  170,  252,  302,  364, 
370. 

Halbich,  widow,  383,  431. 


INDEX. 


541 


Hall,  Francis,  17,  57,  60,  92,  139,  366,  365,  386, 

403,  436,  440. 
Hall,  goodman,  77. 
Hall,  Isaac,  140. 

Hall,  Job,  139,  242,  253,  338,400,  426. 
Hall,  John,  18,  50,  94,  135,  138, 142,  225,  321, 

369,  378,  379,  390,  391,  397,  415,  417. 
Hallaway,  Andrew,  140. 
Hames,  goodman,  50. 
Harbor,  proposition  to  improve  the,  143. 
Harding,  William,  66,  71,  73,  84,  151. 

whipped  and  sent  out  of  the  plantation,  81.- 
Hardy,  William,  276. 
Harrison,  goodman,  164. 
Harrison,  Richard,  139. 
Harrison,  Thomas,  140. 
Hart,  Air.,  329,  522,  523. 
Hart,  Thomas,  109. 
Harwood,  Edward,  58. 
Harvie,  goodman,  action  of,  against  Mr.  PeU, 

341. 
Haward,   Heward,   Ileywood,  James,  125,  138, 

261,  306,  339,  397,  479. 

inTentory  of,  presented  in  court,  480. 
Hawkins,  M'illiam,  Mr.,  91,  142,  502. 
Hazard's  State  Papers,  error  in,  corrected,  383. 
Hegbe,  493. 
Herriman,  Harriman,  John,  139,  230,  267,  302, 

408,  429,  440, 446. 

to  keep  the  ordinary,  425. 
Hiehcock,  John,  141. 
Hickocks,  Mr.,  57,  91. 
Higginson,  Anne,  30. 
Higginson,  Charles,  30,  393,  474. 
Higginson,  Francis,  30. 
Higginson,  John,  29,  30,  4-32. 
Higginson,  Mrs.,  49,  93, 161, 196,  304,  473. 

inventory  of  estate  of,  to  be  taken,  28  ;  distri- 
bution of  estate  of,  29. 
Higginson,  Neophitus,  30. 
Higginson,  Theophilus,  18,  30, 90, 109,  125, 135, 

138,145,229,291,294,302,338,380. 
Hill,  Benjamin,  139, 232,  264,  398. 
HiU,Johu,122,138, 163. 

inventory  of,  presented  in  court,  362. 
Hill,  Robert,  13,  17,  50,  93, 109, 138, 194,  277, 

303,362,389,426,430.       '       '       '       '        ' 
Hill,  Mr.,  of  Windsor.  80. 
Hitchcock,  Kdward,  122, 139,  264,  274. 
Hitchcock,  goodman,  188,  319. 
Hitchcock,  Luke,  138. 
Hitchcock,  Mathew,  Mathias,  17,  60,  79, 90,  92, 

93, 122, 123,  125,  138,  303,  356,  365,  370,  389 

411,  477,  496.  .        >        >        ,         , 

Hitchcock,  Mr.,  502. 
Hithfield,  Mathias,  141. 
Hodkeis,  Hogkines,  Samuel,  301,  318,  329,  438, 

456,487.  '        >        >         )         , 

Hogg,  Thomas,  140,  295,  378. 
►  Hogs,  to  be  kept  out  of  town,  52,  240  ;  damage 

done  by,  154  ;  to  be  marked,  491. 
Holt,  William,  94,  109,  139,  262,  378,  390,  415, 

444.  I        )        )        ) 

Hooke,  Mr.  [William,]  174,  308,  324,  417. 

Hooke,  Mrs.,303. 

Hooke,  William,  jun.,  352. 

Hopkins,  Mr.,  24. 

Hopper,  Daniel,  140. 

Hoskins,  Samuel,  75,  77,  121, 123,  125, 139. 

Hough,  Mr.,  30. 

House  lots,  committee  appointed  to  dispose  of, 

25. 
How,  Daniel,  Capt.,  2.39,  282. 
House,  Ephraim,  140. 
Howe,  Jeremiah,  Jeremy,  94,  140, 240,  368,  422, 

444,  462,  495,  501,  528. 
Howe,  Nathaniel,  141. 
Howe,  Zachariah,  141, 
Hubball,  Richard,  139. 
Hackly,  Thomas,  141. 


Hudson,  John,  140. 

Huilt,  Mr.,  56. 

Hull,  Andrew,  9, 18, 44,  92,  124, 184,  430. 

Hull,  brother,  86. 

Hull,  goody,  304. 

Hull,  Jeremiah,  140,  487. 

Hull,  John,  140. 

Hull,  Richard,  9,  17,  20,  91,  94, 137, 156,  481, 

488,498. 
Humerston,  Henry,  140,  149,  470,  499. 
Hunt,  goodman,  84. 
Hunter,  John,  139,  168. 

will  of,  presented  in  court,  439. 
Hurd,  John,  184. 
HumdeU,  John,  133, 139. 
Hutchinson,  John,  139. 

lies,  Thomas,  125, 138. 

lies,  William,  122,  294,  310,  345,  364. 
inventory  of,  brought  into  court,  300_ 

Indians,  articles  of  agreement  with,  1,  5jj>lant-  A 
ers  not  to'  purchase  land  from,  27, 200  ^not  to 
be  furnished  with  arms,  &c.,  60,  206  ;  men  to 
go  against  when  sent,  78  ;  men  sent  to  join 
with  men  from  Conn.,  against,  110  ;  Dutch 
desire  soldiers  to  be  raised  for  aid  against,  116  ; 
man  murdered  bj',  between  Stamford  and 
Fairfield,  1.34  ;  woman  murdered  by,  at  Stam- 
ford, 135,  146  ;  rumors  and  tumults  of,  168  ; 
troubles  with,  at  Stamford,  481. 

Inhabitants  to  take  oath  of  fidelity,  130. 

Inn,  land  to  be  laid  out  for,  48,209 ;  frame  pro- 
vided for,  to  be  sold,  186,  see  ordinary. 

Ives,  sister,  304. 

Ives,  Eves,  WiUiam,  9, 18,  28,  61,  92,  138,  155, 
232,303,338,387,431,477. 
will  of,  presented  in  court,  410. 

Jackson,  John,  140,  320,  386. 

James,  Thomas,  Mr.,  9,  24,  35,  40,  43,  92,  154, 

197,  225,  228,  232,  302,  426,  487. 
James,  Mrs.,  304. 
Janes,  Jeanes,  William,  Mr.,  18,  91,  138,  314, 

381,426,444,487,498. 
Jeffery,  sister,  304. 
Jeffries,  Thomas,  9, 17,  20, 91, 133,  137, 166, 283. 

302,  312, 351,  455. 

sergeant,  76;  .sergt.  of  artillery,  158. 
Jenner,  John,  29. 
Jewell,  Richard,  77,  80. 
Johnson,  goodman,  294,  319,  327. 
Johnson,  goody,  303. 

Johnson,  Jeremiah,  140.  , 

Johnson,  John,  13,  17,  60,  59,  93,140,  196,272. 
Johnson,  Mr.,  31. 
Johnson,  Richard,  140. 
Johnson,  Robert,  59,  138,  155,  163,  272,  273, 

301,  302,  404,  466,  486,  487, 503. 
Johnson,  Simson,  515. 
Johnson,  Thomas,  31,  39, 139. 
Johnson,  WilUam,  94. 
Jones,  John,  139,  387. 
Jordan,  Mr.,  472. 

attorney  for  town  of  Guilford,  371,  431,  497. 
Judson,  Jeremiah,  of  Stratford,  444. 
Judson,  William,  139,  184,  321,  327,  339,  375, 

403,  420,  465,  479,  486,  495. 
Jurisdiction,  deputies  chosen  for.  111,  125,  146, 

147, 156,  171,  227,  274,  354,  381, 456,  481. 

constitution  of,  112-116  ;  court,  when  to  be 

held,  113. 

Keely,  Keylye,  Edward,  139,  411. 

Kimber,  John,  139,  261,  262. 

Kimberley,  Abraham,  474. 

Kimberley,  Nathaniel,  484. 

Kimberley,  sister,  304. 

Kimberley,  Thomas,  9,  17,  24,  28,  50,  82,  91, 

122, 137, 144, 183, 194, 254,  302,  314,  316,  439, 

452,  460,  462, 479,  488. 


542 


INDEX. 


corporal,  76 ;  marshall  for  jurisdiction,  112. 

276 ;  marshaU,  119, 148,  274,  354,  381,  457. 
King,  George,  293. 
Kings  arms  to  be  set  up,  369. 
Kitchell,  Mr.,  325,  422. 
Knapp,  Koger,  7,  123,  125,  139,  142,  147,  260, 

262,  310, 317,  327. 
KneU,  Mr.,  326. 

Knight,  John,  140,  403,420,  440,  477,  487. 
Knowles,  Alexander,  184. 
Knowles,  Thomas,  138,  181,  225,  2.32,  262,  303, 

369. 
Knowles,  widow,  goody,  94, 304,  383,  501. 

Labor,  rates  for  wares  and,  35,  52  ;  penalty  for 

taking  more   than   the  appointed,  44  ;   laws 

concerning,  repealed,  61. 
Laborers  may  be  impres.sed  for  public  works,  86. 
Lacke,  Mr.,  of  Boston,  299. 
Ladder,  every  house  to  be  provided  with,  52, 

212. 
Lambert,  John,  140. 
Lambert,  Richard,  139, 153. 
Lamberton,  George,  9,  31,  32,  33,  40,  41.  81,  87, 

91, 121,  139,  143,  152,  172,  180,  329,  503. 

imprisoned  by  the  Sweeds  at  Delaware  Bay, 

106 ;  deputy  for  jurisdiction.  111,  173;  deputy, 

119,  125, 148;  land  granted  to,  218;  inventory 

of,  presented  in  court,  361. 
Lamberton,  Mrs.,  89,  303,  343,  356.  361. 
Lamson,  Lampson,  Thomas,  10,  ^2,  122,  125, 

138,  231,  277,  292,  303,  312, 317,  378,  389,  390, 

400,  504. 
Lampson,  sister,  227,  414. 
Lands,  first  division  of,  26,  192,  195  ;  not  to  be 

purchased  of  the  Indians  by  planters,  27, 200; 

second  division  of,  43,  193  ;  how  divided,  27, 

192;  not  to  be  let  to  stranger.s  without  allow- 
ance, 40  ;  rates  for,  43,  185,  193. 
Larebe,  Grenfield,  373. 
Larebe,  Mr.,338. 
Larremore,  Larrymore,  George,  50, 94, 124, 135, 

138, 164,  388,  424. 
Laud,  Lord,  Thomas,  56,  93. 
Law,  Kichard,  10. 
Lawrence,  John,  84. 
Lawrence,  Thomas,  297. 

Lawrenson,  John,  122,  310,  317,  328,  363,  366. 
Lea,  Lee,  Robert,  109,  120,  122,  139. 
Leach,  Edmund,  Mr.,  151,  16l,  173,  199,  359, 

366,  421,  4.36,  439,  441.  450,  452,  460. 
Leach,  Mrs.,  242,  253. 

trial  of,  256. 
Leake,  Leeke,  Phillip.  94, 122, 139, 156, 183, 231, 

241,  275,  277,  284, 303,  344,  389,  408,-424,  427, 

450, 457. 

corporal,  160  ;  desired  to  keep  an  inn,  240. 
Leather  sealers  chosen,  242,  356,  389. 
Leaver,  Thomas,  50. 
Leete,  William,  96,472,  492. 

deputy  for  Guilford,  129 ;  secretary  for  juris- 
diction, 275  :  attorney  for  town  of  Guilford, 

371,  431,  497.' 
Lendall,  Lindall,  LindoU.  Henry,  10,  109, 134, 

136,  138,  164,  215,  227,  228,  233, 264,  302,314, 

354,  375,  876,  378,  404,  448,  465,  466,486, 489, 

495. 
LendaU,  goody,  304. 
Lewis,  Mr.,  of  London,  152. 
Line.  Loyne,  Lovnes,  Lion,  Henry,  109,  139, 

326,  412. 
Lines,  Kalph,  139,  271,  285. 
Ling,  Benjamin,  l7,  28,  41,  44,  89,  93, 123,  138, 

225,  302, 387,  388,  389,  403,  411,  448,  459, 465, 

466,  495,  501. 
Ling,  sister,  Mrs.,  304,  344. 
Linlej',  Francis,  176. 
Linley,  John.  1.39,  176. 
Livermore,  John,  9,  18,  44,  92,  138,  151,  167, 

189,  230,  239,  271,  276, 302,  307, 313, 318, 428, 

436,444. 


Livermore,  sister,  304. 

Lockoman,  Govert,  622. 

Love,  James,  goodman,  7,  29. 

Lovell,  John,  77. 

Lovell,  Richard,  327. 

Low,  Andrew,  9,  13,  17,  35,  50,  93,  94,  95,  137, 

164,  194,  303,  314,  437,  449,  450,  465. 
Low,  Andrew,  jun.,  38,  46,  56,  89. 
Lowell,  Richard,  122. 
Lucas,  Mr.,  49, 93,  94,  95,  196. 
Lucking,  goodman,  56. 
Ludlow,  Mr.  [Roger,]  74. 

letter  received  from,  134;  retains  a  fugitive, 

380. 
Lupton,  Kester,  498. 
Lupton,  Thomas,  138,  147. 

Magistrates,  chosen,  21,  44,  58,  78,  112, 275  ;  to 
keep  book  of  warrants,  &c.,  83,  216  ;  court  of, 
when  held,  113. 

Malbon,  Richard,  9,  17,  28,  32,  50,  61,  66,  72 
81,  84,  91,  94,  95,  105, 121, 126,  129,  137,  142, 
143,  146,  150,  160,  170,  179,181,183,196,  226 
242,  250,  257,292, 302,  305,  311,  329,  338,  366 
368, 369,  372,  377,  384,  398,  420,  452,  453, 488 
chosen  for  foundation  of  church,  16  ;  deputy, 
69,  78,  85,  119, 125,  148, 1.56, 171;  to  order  the 
watches  during  capt.  Turner's  absence,  70 
treasurer,  85,  119,  148,  156  ;  deputy  commis 
sionerforU.  C,  117,  118;  deputy  for  juris 
diction,  125,  146,  147,  156, 171 ;  captain  of 
artillery,  158  ;  captain  in  capt.  Turner's  ab- 
sence, i87 ;  magistrate,  275. 

Malbon,  Martha,  84. 

Malbon,  Mrs.,  269,  303. 

Males  to  be  numbered,  96  ;  to  be  provided  with 
arms,  96,  131,  201. 

Mallery,  Peter,  139,  435. 

Man,  Susanna,  51. 

Manchester,  Thomas,  26,  31. 

Mansfield,  Joseph,  140. 

Mansfield,  Moses,  141. 

Mansfield,  Mr.,  91,  276,  317. 

Mansfield,  Richard,  41,  80,  124,  125,  138,  155, 
188,  274, 302,  382,  430,  437. 

Mansfield,  sister,  304. 

Mannukatuck,  42,  96, 199. 
named  Guilford,  96,  199. 

Marden,  Morden,  Richard,  139,  267,  268,  270, 
281. 

Markets  or  fairs  to  be  held  annually,  at  New 
Haven,  130. 

Market  place  to  be  cleared,  159,  214. 

Marsh,  Hannah,  180,  235. 

Marsh,  Jonathan,  94,  122,  125,  139.  378,  390, 

397,  424,  492. 

M.arsh,  Samuel,  140,  229,  233,  270.  271.  272, 
378,474.  ' 

Marshall,  Mr.,  50,  80,  93, 196. 

Marshall,  Thomas,  139,  486. 

Marshall,  chosen,  21,  44,  58,  79,  119,  148,  171, 
274,  354.381,  4,57;  things  found  to  be  deliver- 
ed to,  79,  214 ;  salary  of,  1.33 ;  to  cry  lost 
things,  146,  chosen  for  jurisdiction.  112,276. 

Martin,  Robert,  94,  138, 154,  282,  286,'  302.  387. 
396,  408,  449,  460. 

Martin,  Samuel,  63,  64. 

Martin,  sister,  304. 

Mascall,  John,  340,  398. 

Mason,  John,  46,  80,124. 

Mas.sachusetts  Bay,  87,  152,  250,  270,  283,  365. 

398,  464,  494. 
Massam,  John,  133, 139. 
Mayres,  Mr.,  50,93,  196. 
Mead,  goodman,  75. 

Meadows,   committee  appointed  to   view,  41 ; 

east,  divided,  42,  49,  194. 
Meaker,  Mecar,  Robert,  139,  176,  486. 
Meeaker,  Mecar,  William.  122, 139, 176, 273, 293. 
Meaks,  Meeks,  Thomas,  125,  139,  399,  400,  435, 

469,  480,  488. 


INDEX. 


543 


Measurer  for  corn  appoiuted,  33,  51 ;  order  for 
repealed,  242. 

Measures  to  be  fitted  to  standard,  142  ;  to  be 
marked,  144. 

Mccs,  Ellis,  140. 

Meeting  house  to  be  built,  25  ;  soldiers  to  re- 
pair to  on  alarm,  78  ;  built  defectively,  145  ; 
men  to  be  seated  in.  189,  277,  302  ;  to  be 
viewed  for  repairs,  304,  388,  423,  425. 

Meeting  of  quarters,  how  called,  4'J2. 

Meeting,  men  lo  come  armed,  40. 

Mcijgott,  goodmau,  419. 

Meggs,  John,  139.  154,  161.  163,  280,  293,  301, 
302,  312,  314,  381,  384,  413,  415, 420, 423,  437, 
440,  442,  466. 

action  of,  against  Henry  Gregory,  345  ;  cho- 
sen clerk  of  train  baud,  382. 

Meggs,  goody,  303. 

Meggs,  Mark,  236,  349. 

Meggs,  Vincent,  271,  317. 

Melyu,  Jacob.  140. , 

Melyn,  Mr.,  140. 

Merriman,  Nathaniel,  IS,  50,  94,  138,  242,  415, 
446,  459,  460,  502. 

Merriman,  Kichard,  18. 

Messenger,  Andrew,  18. 

Messutunck,  22. 

Metcalf,  JVIedcalf,  John,  122,  151. 

Metcalf,  Medcalf,  Stephen,  18,  50,  59,  105,  126, 
138,  151,  157, 164,  176,  235,  300. 

Mewhewbato,22. 

Miles,  Myles,  Kichard,  9,  31,  41,  69, 91, 136. 138, 
155,  161,  166,  177.  179, 189,  227, 267, 272,  292, 
300,  302,  305,  307, 319,  329,  330, 375,  376,  387, 
401,  408,  410,  428,  434,  466, 479,  481, 489, 495. 
surveyor  of  roads  and  bridges,  148  ;  deputy, 
381,  456  ;  clerk  of  artillery,  382. 

Miles,  Kichard,  jun.,  140. 

Miles,  Samuel,  140. 

xMiies.  sister,  goodv,  303,  331. 

Milford,  112,  118,"l27,  129,  130,  305,  323.  326, 
351,  411,  426,  492. 

admitted   to  jurisdiction,   110,   199  ;  magis- 
trates chosen  for,  112^275. 

Mill  offered  to  iowu,  74  (^o  other  to  be  built,  76 ; 
men  pressed  to  mend,  172. 

Mill  River,  proposition  to  turn,  148. 

Mitchell,  Mr.,  69. 

Mitchell,  Thomas,  18,50,138,  156,  321,  389,428. 

Mitchell,  brother,  189,  232,  305. 

Momaugin,  1,  5. 

Monthly  court,  time  of  holding,  160,  191. 

Moody,  John,  39. 

Moore,  Mrs.,  242 ;  trial  of,  253. 

Morell,  Morall,  Henry,  94,  138,  312,  369,  378, 
415,  4.59.  499,  503. 

Morris,  Thomas,  18,  50.  61, 94,  95, 138, 161,  293, 
334,  372,  382,  387,  389,  424, 460,  481, 498. 

Mosaic  law,  see  word  of  God. 

Mosse,  John,  9, 17, 29, 32,  92, 125, 137,  139, 162, 
228,  232,  237,  242,  261,  298,  303, 384,  389,390, 
422,430,4*1,449,461,482. 
corporal,  76. 

.Mosse,  goody,  304. 

Mould.  Isaac,  139, 176. 

Moulenor,  MuUyner,  Thomas,  28,  29,  32,42,47, 
122, 123, 153,  259,  281, 294,  369. 

Moulthrop,  Mathew,  10, 18,  76,  92, 138, 162, 314, 
317,  389,  430,  477. 

Moulthrop,  Mathew,  jun.,  140. 

Munson,  Thomas,  9,  18,  32,  35,  .51,  61,  94,  95, 
138.  144.  1.55, 160, 165,  188,  206,  214,  230,  302, 
304,  334;  371,376,  378,  388,  390,  391,  420, 424, 
425,  428.  439,  456,  459,  466,  481, 486, 495, 501, 
502. 
sergeant,  76  ;  sergeant  of  artillery,  168. 

Munson,  sister,  304. 

Murder,  trial  of  Nepaupuck  for,  22. 

Nash,  9  ;  goodman,  49  ;  brother,  82,  239. 


Nash,  John,  10, 18,  50,  69,  138,  177,  228,  277, 
295,  302,  311,  317,  371,  411,  479. 
corporal,  76  ;  sergeant,  141  ;  sergeant  of  artil- 
lery, 158, 382. 

Nash,  Joseph.  10,  95,  189,  171,  302,  411,  427. 
corporal,  3l3. 

Nash,  old  sister,  304. 

Nash,  Thomas,  10,  18,  40.  91, 138, 144, 149, 178, 
196,  228,  302,  306, 466, 486.' 

Nash,  Timotliy,  140. 

Neck,  to  be  planted  for  seven  years,  26 ;  laid  for 
pasture,  48  ;  to  be  a  stinted  common,  82, 157, 
197  ;  committee  chosen  about  fencing,  125 ;  to 
be  used  for  sheep  pasture,  318 ;  to  be  cleared, 
463. 

Nepaupuck,  trial  of  for  murder,  22-24. 

Nettleton,  Samuel,  of  Totoket,  348. 

New  Haven  named,  40  ;  annual  fairs  to  be  held 
at,  130  ;  constitution  of  jurisdiction  of,  112- 
116 ;  difference  of,  between  Totoket  and  Mil- 
ford,  about  bounds,  492. 

Newman,  Francis,  9,  17,  35,  41,  50,  61,  62,  93, 
123,  126,  138,  142,  146,  150, 176, 187, 196, 231, 
236, 239,  263,  267,  275,  292,  302,  314,  321,  336, 
375,  376.  383, 390,  392,  401,  408,  421,  436,  438, 
459,  466,  495. 

ensign,  76 ;  surveyor  of  i-oads  and  bridges,  148; 
deputy,  150,  171,  274,  354,  381,  456  ;  lieuten- 
ant of  artillery,  158  ;  desired  to  take  notes  of 
the  court  proceedings,  325 ;  to  act  as  secreta- 
ry in  absence  of  Rich.  Perry,  304;  deputy  for 
jurisdiction,  354, 456, 481 ;  secretary,  354,  381, 
457  ;  action  of  Lancelot  Fuller  against  wiife  of, 
for  slander,  473. 

Newman.  Richard,  .50,  122, 138,  145,  261. 

Newman,  Robert,  9,  12, 15,  17,  24, 41, 61,  62,  67, 
69,  87,  93,  109,  120,  143,  157,  173,  195,  241, 
307,  319,  368,  372,  377,  379,  397, 404, 409,  462, 
469,  492. 

chosen  for  foundation  work  of  church,  16  ; 
one  of  seven  pillars,  20  ;  deputy.  21,  44.  61, 58; 
exempted  from  attending  general  courts,  157  ; 

^from  paying  rates,  457.i 

Newman,  Mrs.,  303. 

Newman,  William,  04,  66. 

Newton,  Edward,  139. 

Newton,  Thomas,  of  Fairfield,  299. 

Nichols,  Adam,  9, 18,  36,  50,  61,  121,  134,  138, 
271,  276,  303,  314,  370,  396,  400,  436. 

Nichols,  sister,  304. 

Noris,  Mr.,  340,  398. 

North,  Thomas,  138,  151. 

Norton,  James,  124. 

Norton,  Mrs.,  of  Charlestown,  180. 

Notary  public,  Thomas  Fugill  chosen,  21. 

Oath,  forms  of  approved,  130;  forms  of,  136, 137 ; 
of  fidelity  administered  to  planters,  137-141. 

Obolus,  signification  of.  35. 

Offhening,  Cornelius,  141. 

Ogden,  John,  178. 

OUard,  Sarah,  478. 

Orders  of  lasting  nature  to  be  viewed,  155 ;  com- 
mittee report  completion  of  the  work,  185, 
242. 

Ordinary,  William  Andrewes  keeper  of,  166, 
209,  376;  proposition  to  set  up  another  by  the 
water-side,  167  ;  Phillip  Leeke  desired  to  keep, 
240;  wine  to  be  drawn  only  at,  273 ;  John 
Herriman  and  his  wife  to  keep,  425. 

Osborne,  goodman,  39,  86,  87,  232,  302,  351. 

Osborne,  goody.  .304  ;  sister,  o03. 

Osborne,  Jeremiah,  140,  264,  478,  488. 

Osborne,  Richard,  17,  46,  92,  138,  279,  303,  309, 
315,  319,  321,  322,  326,  431,448. 

Osborne,  Thomas,  18, 92,-138, 264,  308,  314.  488, 
496.     ■  >       ■        1 

Owen,  John,  79,  81, 135. 

Oystershell  field  to  be  let,  62,  216  ;  tenants  of 
94 ;  disposed  of  for  public  advantage,  404.      ' 


644 


INDEX. 


Paine,  William,  94, 139, 156,  173. 188,  225,  242, 
309,  310,  321,  358, 363,  364,  371,  378, 397,  415, 
458, 501. 

Palmer,  Michael,  109,  139, 170,  261,  322. 

Pardy,  George,  135,  140. 

Parker,  Edward,  123,  138,  251,  260,  262,  279, 
324.  405,  430,  497. 
trial  of,  for  slander,  257. 

Parkman,  Parkmore,  Elias,  38,  229. 
*   Parliament  to  be  applied  to  for  patent,  149, 211; 
letter  received  from,  414. 

Parmele,  John,  of  Guilford,  348. 

Parrott,  Francis,  24,  197. 

Parsons,  Persons,  Robert,  138,  152,  153,  359, 
366,  436,  438,  452. 455,  465. 

Patent,  Mr.  Gregsdn  appointed  agent  to  pro- 
cure, 149,  211. 

Patrick,  Oapt.  Daniel,  murdered  at  Stamford, 
127. 

Patteson,  Edward,  18,  92,  138,  152,  303. 

Patteson,  sister,  304. 

Paule,  Daniel,  goodman,  92,  105,  125,  138,  273, 
282,  302. 

Pauling,  Benjamin,  50. 

Pawgassett,  74. 

Pawle,  Benjamin,  18. 

Pawquash,  whipped  for  blasphemy,  262. 

Payne,  Florence_,  of  Virginia,  170. 

Peacock,  John,  18. 

Pearce,  Mr.,  50,  74, 126, 183,  194,  214,  215,260, 
470. 

offers  to  teach  children  writing  and  arithme- 
tic, 156. 

Peck,  brother,  82 ;  chosen  corn  measurer,  51 ; 
goodman,  50. 

Peck,  Henry,  18,  94, 138, 168,  274,  369,;389,  397, 
415,  453,  459,  478,  486. 

Peck,  Joseph,  94, 139,  141,  189,  274,  397,  411, 
456. 

Peck,  William,  9,  18,  44,  92,  94,  138, 144,  184, 
302,  399,  418,  428,  430,  436. 

Peck,  sister,  304. 

Pieces  of  eight  to  pass  at  five  shillings,  86,  211. 

Peirce,  Mark,  18,  93,  109, 138, 164,302. 

Peirse,  Daniel,  372,  467. 

Pell,  Mrs.,  442,  see  Brewster. 

Pell,  Thomas,  77,  80,  81. 161,163,  178,  237,  267, 
276,  279,  299,  302,  321,  3.34,  335,  341, 356,  359, 
362,  366,  375,  392,  402,  420,  436,  455. 

Pennington,  Ephraim,  94, 138,  405. 

Perkins,  Edward,  140. 

Pert,  William,  261, 324. 

Pery,  goodman,  398. 

Pery,  goody,  339. 

Pery,  Mary,  258,  476. 

Pery,  Mrs.,  303,  416. 

Pery,  Richard,  9,  17,  26,  28,  39,  41,  44,  .50,  61, 
62,  77,  91, 125, 134, 138, 141, 145, 185, 196,  228, 
259,  264,  302,  320,  327,  333.  334,  338,  363,  369, 
373,  413, 415,  488. 

desired  to  take  notes  of  court  proceedings, 
225;  secretary,  230,  274;  action  against  Henry 
Bishop,  for  slander,  268  ;  has  liberty  to  go  a 
voyage,  304.  354. 

Pigg,  Robert,  18, 46,  50,  61,  94,  138,'  155,  162, 
229, 415, 419, 439. 

Pike,  Mr.,  of  Unkaway,  151. 

Pikes  to  be  provided,  214. 

Piket,  Michael,  507. 

Plantation  court,  time  of  holding,  160,  191 ; 
powers  of,  113, 192. 

Planter^  to  give  in  number  of  their  families  and 
estate,  27, 192  ;  list  of,  91 ;  oath  of  fidelity  ad- 
ministered to,  137-141 ;  to  be  present  at  gen- 
eral courts,  21.3. 

Plat,  goodman,  190,  232. 

Piatt,  Richard,  92, 307, 452. 

Plume,  Mrs.,  397,  401. 

Plume,  John,  397, 401. 

Plume,  Samuel,  397, 401. 


Pocock.  Mr.,  49,  79, 196. 

Ponderson,  Punderson,  John,  9,  17,  41,  49,  60, 

93,  94, 137, 196,  238,  302,  408,  482. 

chosen  for  foundation  work  of  church,  16; 

one  of  seven  pillars,  20. 
Ponderson,  Punderson,  sister,  303. 
Poore,  Margaret,  105. 
Potter,  brother,  109, 183 ;   goodman,  32. 
Potter,  John,  9, 13, 17,  92,  140, 262,  279,  497. 
Potter,  Joseph,  140. 
Potter,  widow,  92, 247. 
Potter,  sister,  the  midwife,  304. 
Potter,  William,  17,  92,  122, 138, 303, 314,  325. 
Pounds  to  be  made,  82. 
Powell,  John,  18. 
Powell,  Thomas,  50,  93, 122,  138,  155, 194,  302, 

404,  430,  436,  441,  456,  495. 
Powell,  sister,  304. 
Preden,  James,  92. 
Preden,  Peter,  92. 
Preston,  Edward,  139,  301. 
Preston,  goodman,  10  ;   brother,  96,  183. 
Preston,  Hackeliah,  141. 
Preston,  Jehiel,  141. 
Preston,  Robert,  139,  301,  303,  389,  399,  438, 

481. 

leather  sealer,  356. 
Preston,  sister,  86,  304,  323. 
Preston,  William,  17,  81,  91, 121, 138,  143,  233, 

244,  257,  302,  311,  314,  319,  354. 

will  of,  presented  in  court,  823. 
Pridcn,  Mr.,  152. 
Pringle,  William,  140. 
Proute,  John,  29. 

Quesaquauch,  1, 5. 

Quick,  goodman,  46,  74. 

Rates,  ordered,  25,  40,  83,  181,  230,  310 ;  how  ft 
paid,  60 ;  committee  appointed  to  consider 
new  way  of,  448;  Massachusetts  law  for,  adopt- 
ed, 494  ;  committee  chosen  for,  495  ;  for  lands, 
43,  185  ;  for  houses,  502  ;  for  wares  and  labor, 
35,  52  ;  penalty  for  taking  more  ihan  the  ap- 
pointed, 44 ;  laws  concerning,  repealed,  61 ; 
upon  the  jurisdiction,  97,  118,482. 

Rawse,  George,  141. 

Raynor,  Thurston,  10, 127,  128. 
constable  for  Rippowams,  58 ;  magistrate  for 
Stamford,  85,  112,  129. 
letters  received  from,  118,  135. 

Reader,  Reeder,  John,  17,  28,  31,51, 92. 

Reeks,  Stephen,  337,  467. 

Rhode  Island,  246,  360. 

Rippowams,  69. 

Thurston  Raynor  chosen  constable  for,  58  ; 
named  Stamford,  69. 

Robinson,  Thomas,  122,  139,  151,  161, 163,  176, 
222, 233,  264. 
charged  with  removing  landmarks,  174. 

Robinson,  Thomas,  jun.,  139. 

Rose,  Robert,  401. 

Row,Mathew,  109,  125,  134,139,260,  411. 

Rowe,  Owen,  39, 40, 50,.91, 94,  129, 164, 196, 427. 

Royes,  goodman,  350. 

Rudd,  Jonathan,  123, 133,  138,  258. 

Rudderford,   Rutherford,   Rotherford,   Henry, 
92,  139, 185,  302,  326,  338,  408,  450,  477. 

Rutherford,  Sarah.  301 ;  sister,  304  ;   Mrs.,  436. 

Russell,  J;unes,  18,  93,  138,  160,  302,  430,  459, 
487. 

Russell,  Mr.,  of  Charlestown,152. 

Russell,  Mrs.,  269  ;  sister,  304. 

RusseU,  William,  18,  50,  61,  94,  138,  146,  168, 
335,378,431,502. 

Sabbath,  law  against  breach  of,  368  ;  prosecu- 
tion for  do.,  337. 
Saltingston,  Mr.,  74. 
Sassacus,  22. 
Saule,  Thomas,  26,  28,41, 145. 


INDEX. 


545 


Sivj'brook,  vessel  cast  away  at,  2S1. 

School,  free,  to  be  set  up,  62,  210.  [ 

Scriptures,  declared  to  hold  forth  a  perfect  rule, 
12,  21 ;  to  be  the  only  rule,  69,  130,  191.  | 

Seaman,  Caleb,  271,276.  1 

Seating  people  in  the  meeting  house,  order  of, 
302. 

Seckett.  Sackett,  John,  56, 139,  271,  300,  307. 

Secretary,  chosen,  21,  44,  58,  78,  119,  148,  171, 
230, 274,  354,  381, 457  ;  to  keep  book  of  alien- 
ations. 83  ;  sahiry  of,  182 ;  Thomas  Fugill  de- 
prived of  office  of,  225 ;  chosen  for  jurisdic- 
tion, 112,  275. 

Seely,  Nathaniel,  232,  308. 

Seely,  Robert,  9,  17,  20, 25,  26,  31, 41, 58, 64,  66, 
91,  105,  124,  136,  142, 143.  146,  150,  161,  164, 
172,  175,  222,  226,  276,  292,  300,  302,  305,  330, 
351,  355,  369.  376,  384,  404,  408,  418,  421,428, 
446,  495,  500,  503  ;  marshall,  21,  44,  58,  79  ; 
lieutenant,  76 ;  lieiitenant  of  artillery,  158  ; 

»  leather  sealer,  242,  356 ;  has  leave  to  go  to 
England,  275  ;  captain  of  artillery,  382  ;  de- 
sires to  resign  lieutenancy,  457,  461,  466. 

Seely,  sister,  303. 

Sellick,  Mr.,  356,  421,  450. 

Sequin,  5. 

Sergant,  Jonathan,  138,  347. 

Seven  pillars  chosen,  20. 

Shampishuh,  1,  5. 

Shearman,  Daniel,  141. 

Sheath,  [She.af]  Jacob,  deputv  for  Guilford,  129. 

Sheep,  keeping  of,  148,  167,  318,  461. 
<,Ship  Fellowship,  help  desired  to  launch,  273; 
feofees  of,  283,  331 ;  freed  from  rates,  499. 

Qhip  Swallow,  adjudged  in  Virginia  to  the 
mariners,  467. 

Ship  taken  out  of  the  harbor  bv  the  Dutch,  333, 
608. 

Shirman,  goodm.an,  9,  44,  184. 

Shirman,  John,  deputy  for  Milford,  112. 

Shirm.au,  old  father,  52. 

Shirman,  widow,  92. 

Slooper,  Nicholas,  477,  488. 

Slow,  William,  138. 

Slowsou,  George,  charged  for  escape  of  murder- 
er of  Capt.  Patrick,  127. 

Smith,  Elizabeth,  242,  253,  259. 

Smith,  George,  18,  87,  92,  138,  297,  303,  816, 
317,  448,  502. 

Smith,  Nehemi.ih,  172,  182,  318,460. 
desires  land  to  keep  sheep,  148,  266. 

Smolt,  Smoolt,  Richard,  267,  308. 

Smyth,  Abraham,  61,  427. 

Smyth,  Francis,  123. 

Smyth,  goodm.an ,  135. 

Southold,  see  Yennycot,  plantation  of,  to  be 
made  over  to  them,  463. 

Southwood,  Obadiah,  162. 

Sparkes,  Richard,  339. 

Speede,  John,  271,  279. 

Spencer,  George.  29,  31,  32,  33. 
trial  of,  for  beastiality,  62-73. 

Sperry,  Richard,  122,  138,  378. 

Spinnage,  Speuning,  Uumphroy,  26,  28,41,140. 

Squadrons,  one  of  the,  to  come  armed  to  the 
meeting,  119,  203. 

Stallion,  Stolyou,  Mrs.,  56,  80,  147,174,186, 
199,  241,  307. 
accused  of  extortion,  175. 

Stolyon,  Abraham,  139. 

Stolion,  Mr.,  174. 

Stamford,  45.86,  97,  110, 118,127, 129,  130,134, 
199,  448,  532. 

named,  69,  199  ;  trouble  with  Indians  at,  69, 
79,  119, 135,  182  ;  constable  chosen  for,  78. 
letters  received  from  magistrate  of,  118. 

Standish,  Thomas,  of  Wethersfield,  action  of 
town  of  Guilford  .ag.ainst,  497. 

Stanton,  Thomas,  481 ;  interpreter,  1,  5. 

Stevens,  Anthony,  72,  168,  170. 

69 


Stevenson,  Thomas,  152. 

charged  for  escape  of  murderer  of  Capt.  Pat- 

rick,''l27. 
Stewart,  James,  26,  87,  122,  123,  125.  260,  261. 
Stiles,  Mr.,  of  Connecticut,  124. 
Stone,  Mr.,  473. 
Stonell,  Henry,  92. 
Stuyvesant,  Peter 

letters  to,  507,  508,  509,  511,  514,  623,  525, 

527,  528,  530,  532, 534. 

letters  from,  512,  513,  522,  526,  527,  531,  533, 

535. 
Sugcogisin,  1,  5. 
Surveyors  of  roads  andbridges  chosen,  148,  275  ; 

to  be  continued,  171. 
Sutton,  Ambrose,  122, 138, 173,  231, 321,  327. 
Swaine,  Samuel,  24,  124,  259,  493. 
Sweeds,  imprisonment  of  Mr.  Lamberton  and 

others  by,  106-108. 
Swinerton,  Mrs.,  50. 

Taintor,  Michael,  451;  goodman,  102. 

Tamadge,  Robert,  93,  140,  488. 

Tanner,  Nicholas,  26,  56. 

Tanning,  hides  spoiled  through  ignorance  in, 
86,215. 

Tapp,  Edmond  goodman,  28,  33,  92, 112, 127, 
492. 
chosen  magistrate  for  Milford,  112,  129. 

Tench,  Edward,  27,  50,  93,  196. 
will  of,  presented  in  court,  278. 

Tharpe,  Thorpe,  William,  9,  17,  28,  31,  50,  03, 
94, 121, 137,  194,  231,  272,  303. 

Thickpeny,  John,  deposition  of,  106. 

Thomas,  John.  51,  121,  122,  138,  170,  188,  235, 
303,360,392,448,461. 

Thompson,  John,  nailor,  144,  151. 

Thompson,  Tompson,  John,  18,  47,  50,121, 122, 
125, 138, 139, 140,  228,  356,  365, 404,  430, 437, 
496. 

Thompson,  Tompson,  Anthony,  9,  18,  41,  79, 
92,  125,  138,  140, 143,  150,  155,  181,  272,  277, 
280,  300,  302,  305,  307,  310,  316, 319, 326,  364, 
382,  387,  431,  454,  486. 

'  surveyor  of  roads  and  bridges,  148  ;  will  of, 
presented  in  court,  411. 

Thompson,  Tompson,  brother,  62,  88. 

Thompson,  Tompson^  widow,  418,  431,444,486. 

Thomp.son,  Tompson,  William,  10,  135,  133, 
152,  227,  231,  233,  302,  314,  385,  486,  495. 

Thompson,  Tompson,  sister,  303. 

Thompson,  Tompson,  Mr.,  of  Tirginia,  366. 

Thompson's  Ilistory  of  Long  Island,  passage 
quoted  from.  463. 

Thorp,  Nathaniel,  141,  and  see  Tharpe. 

Throckemorton,  Mr.,  522,523. 

Tichener,  Titchin,  Martin,  139,  400. 

Till,  James,  liJ3, 293, 413, 416,  418,  420, 437,  454. 

Tillson,  goodwife,  of  Virginia,  421,  450. 

Timber,  not  to  be  cut  without  leave,  25 ;  dam- 
age done  to  by  barking,  165. 

Tobacco,  penalty  for  taking  in  an  uncovered  ' 
place,  241. 

Toby,  Thomas,  77,  80,  81,  123,  229,  393. 

Todd,  Christopher,  18, 50,  94, 138,  228,  294,  303, 
339,  429,  430,  450. 

Todd,  sister,  303. 

Tomlinson,  Thom.as,  140. 

Tooley,  Towly,  Edmund,  123, 133,  138,  423,  438. 

Tompson,  see  Thompson. 

Toquams,  Andrew  Ward  and  Robert  Coe  depu- 
ted to  treat  with  New  Haven  for,  45,  see  Rip- 
powams,  Stamford. 

Totoket,  42,  44,  45,  47,  84, 122,  153,  195,  297, 
345,  348,  493. 

granted  to  Rev.  Samuel  Eaton,  40 ;  to  be  dis- 
posed of  by  town  committee,  126. 
pUnters  complain  that   Indians  hurt  their 
cattle,  150  ;  granted  to  Mr.  Swaine,  199 :  dif- 
ference with  about  bounds,  492. 


546 


INDEX. 


Training,  times  of,  76,  168,  187, 202. 
Treasurer,  chosen,  51,  78,  85,  119, 148, 156, 171, 

274,  381,  457. 
Tredwell,  Edward,  295. 
Trees,  not  to  be  cut  where  spruce  masts  grow, 

48,  213 ;  not  to  be  cut  on  common  without 

leave,  83,  155,  200,  353. 
Trobridge,   Thomas,  Mr.,  80,  92,  124,  140,  185, 

264,  320,  325, 379,  454. 

goods  of,  attached,  59 ;  sergt.  Jeffery  to  take 

the  children  of,  133 ;  house  of,  sold  to  Mr. 

Evance,  219. 
Truck  master,  Mr.  Gregson  appointed,  43. 
Turner,  Abigail,  337. 
Turner,  Daniel,  139,  442. 
Turner,  Isaac,  141. 
Turner,  James,  422,  528. 
Turner,  Laj^rence,  163. 

Turner,  Mrs.,  258,  293,  303,  308,  322,  3-34^  336. 
Turner,  Nathaniel,  9,  17,  20,  24,  25,  26,  28,  31, 

32,  41,  48,  70,  77,  91,  105,  137,  142,  146,  148, 

160, 163,  174, 187,  325.  398. 


Ward,  Andrew,  9,  58. 
deputed  by  Wethersfiold  men  to  treat  for  pur- 
chase of  Toquams,  45 ;  constable  of  Stamford, 
78  ;  letter  received  from,  85  ;  deputy  for  Stam- 
ford, 85, 129  ;  magistrate  for  Stamford,  275. 

Ward,  George,  18,  56,  93,  139,  184,  265. 

Ward,  George  and  Lawrence,  action  of,  against 
the  company  of  merchants,  329. 

Ward,  goodman,  33,  39,  42,  122. 

Ward,  Lawrence,  18,  93,  105,  123,  125,  138,401. 

Watch,  orders  for  the,  33,  74,  75,  205, '274,  381  ; 
to  be  keptfrom  March  Itolast  of  Octob.,132r 
204. 
who  exempted  from,  464  ;  increased,  483. 

Watters,  Edward,  139. 

Watters,  Joseph,  488. 

Watson,  Edward,  138. 

Wattoone,  23. 

Watts,  Jeremv,  Jeremiah,  270, 400,  487. 

Watts,  Lawreiiice,  90,  120,  423,  465. 
inventory  of,  presented  in  court,  437. 

Ways  to  be  maintained  before  house  lots,  231. 


chosen  for  foundation  work  of  church,  16  ;  ,  Webb,  Richard,  122,  134, 139, 164,  242, 243..  489 

deputy,  21,   44 ;  captain,  40  ;  laud  granted  j      498. 

to,  42,  195  ;  has  leave  to  go  to  Delaware  Bay,    Weeden,  Thomas,  140 


67  ;  deputy  for  jurisdiction.  Ill,  125, 146,147 
156,  171 ;  about  to  leave  (in  the  phantom  j 
Bhip,)  184  ;  inventory  of,  presented  in  court,  ] 
336. 

Turner,  Kebecca,  337,  4G9,  478,  480. 

Tuttle,  Tuthill,  John,  140. 

appointed  constable  for  Yennjcock,  70. 

Tuttle,  Jonathan,  140. 

Tuttle,  sister,  303. 

Tuttle,  Thomas,  141. 

Tuttle,  WiUiam,  Mr.,  17,  41, 43,  44, 91, 139, 155, 
166,  196,  261,  270,  281,  302,  319,  334,  401. 

Tyler,  William,  140. 

Uncas,  110,  118, 150, 167. 
■Underbill,  John,  10, 118, 127. 
deputy  for  Stamford,   85  ;  proposes  to  raise 


soldiers  for  aid  to  the  Dutch,  116  ;»£20  lent  i  Wheeler,  goody,  304. 


Weights  and  measures,  standard  to  be  made  -» 

for,  100  ;  to  conform  to  standard,  213  ;  to  be 

viewed  once  a  year,  242. 
Welch,  Thomas,  31,  41,  91,  314. 
Wells,  \Villiam,  456, 403. 
Wequash.  to  have  a  suit  of  clothes  at  the  town's 

charge,  60. 
Wethersfield,  23, 199, 200,  497. 
Wesaucuck,  1,  5. 
Westerhouse,  William,  140,  355,  363,  366,  367, 

413,  420,  429,  470,  473,  476,  499, 508, 513,  515, 

525,  526,  528. 

ship  of,  seized  by  the  Dutch,  333,  508  ;  freed 

from  watching,  375  ;  action  of  Mr.  Evance 

against,  for  ship  Swallow,  467. 
^Vheelbarrows,    &c.,  not  to  be  taken  without 

leave,  48. 


to,  117. 
United  Colonies,  commissioners  chosen  for.  87, 

117,  275  ;  articles  of  confederation  read,  96  ; 

to  be  recorded,' 96,  98. 
Usher,  Robert,  139,  229,  232,  237,  261. 

Vacant  lots,  fenced  at  town  charge,  60  ;  reserv- 
ed till  arrival  of  first  ships,  62  ;  disposition 


■\Vheeler,  Moses,  93,  94,  347,  350,  384. 
Wheeler,  Thom.as,  121,  134,'  138,  274,  297,  303, 

314,  391,  417,  430,  450,  455,  458,  462,  489. 
Wheeler,  Thomas,  jun.,  479. 
Whelply,  Henry,  184,  326,  332. 
AVhite,  William,  139, 174. 
Whitehead,  Isaac,  94,  122,  125,  139,  434,  446, 

459. 


of,  94,  95,  414,  427  ;  committee  appointed  for  i  Whitehead,  John,  365,  391,  436. 

;  369,  375,  407.  1  AVhitehead,   Samuel,  10,  17,  76,  92,  123,  138, 


disposition  of, 
Venison,  rate  at  which  to  be  sold,  43 
Vincent,  John,  9,  18,  50,  95.  109,  138,  295,  303, 

399.  404, 427,  449,  459.      ' 
Virginia,  35,  152, 169, 170,  291,  298,  366,  421, 

450. 

Bhip  Swallow  adjudged  to  mariners  at,  467. 


165,  228,  302,  333,  332,  390,  404,  428,  431,  466, 
478,  486,  495. 
corporal,  76. 
Whitehead,  sister,  304. 
Whitehead,  Thomas,  365,  370. 
AVhiteway,  Thomas,  123,  348,  493. 
Whitfield,  Mr  [Uenry,]59,  199. 
Wakefield,  John,  46,  75,  139,  303,  411,  424,  444,  '  Whitman,  Zachariah.  92,  322. 

496.  deputy  for  JMilford,  129. 

Wakefield,  sister,  304.  ,  Whitmore,  John,  69. 

Wakeman,  John,  9,  18,  41,  62,  74,  79, 105,  126,  1      deputy  for  Stamford,  112  ;  murdered  by  In- 
137, 143, 160,  161,  171,  179,  186, 222, 231, 283,        dians,  482. 

305,  314,  319,331,  377,  401,404,425,  448,465,  '  Whitnell,  Jeremv,  18,    77,  81,  91,  94, 121,  138, 
486,  495.  '  I      154,  164,  228,  231,  274,  300.  302,  404. 

deputy,  58,  69,  78,  85,  119,  125,  148 ;  deputy  i  Whitnell,  sister,  304. 

for  jurisdiction,  227,  274,  354,  831.  i  Wiggles  worth,    Wiggleworth,    Edward,    9,  17, 

Wakeman,  Mrs.,  245,  343.  49,  93, 139, 196,  267,  281,  302,  368.  370,  430, 

Wakeman,  Samuel,  140.  |      453. 

Walker,  George,  180 ;  licensed  to  retail  wine,  \  Wigglesworth,  sister,  303. 


218.- 
Walker,  goodman,  258,  281,  301. 
Walker,  John,  18,  50,  94, 138, 140,  1.53. 161, 170. 

228,326,334,405,429,441,466.        '       '       ' 
Wampum,  to  pass  at  6  a  pennj',  44,  211 ;  to  be  |  Wilkes,  Mrs.  Joane,  372,  379,  469 

current  pay  under  20  shil.,  183 ;  to  be  suita-  I      will  of,  presented  in  court,  351. 

bly  stringed,  40.5.  i  Willet,  Mr.,  522,  523. 

War,  council  of,  appointed,  135,  167,  484.  I  Williams,  widow,  60,  93,  194. 


AVilford,  John,  01,  138,  303. 

Wilkes,  WiUiam,  Mr.,  17,  28,  46,58,60,  91,  321, 

391,  397. 
Wilkes,  Bridget,  321.  397. 


INDEX. 


54T 


Willinot,  Benjamin,  18,  51, 138,  261,  302,  386, 

413,  487. 
WiUmot,  goodman.  313  ;  okl,  140,  263, 378. 
Willmot,  sister,  304. 
Willmot,  WUliam,  140. 
Wills  and  inventories,  abstracts  of,  278,  300, 

323,  335,  341,  361,  362,  380,  410,  411,  437, 

439,  479,  480. 
Wilson,  Samuel,  125,  139,  232,  261,  267,  426, 

430. 
Windsor,  229,  419. 
•  Wine,  not  to  be  retailed  without  license,  166, 

218  ;  to  be  drawn  only  at  the  ordinary,  273. 
Winston,  John,  139,  4.58. 
Winter,  four  months  to  be  accounted  as,  44. 
Winthroij,  John,  (gov.  of  Mass.,)  letters  receiv- 
ed   from,   96,   97 ;   letters    from,   464,    517 ; 

allusion  to  his  death,  531. 
Wolves  and  foxes,  reward  to  those  who  kill,  27, 

182, 217,  283. 
Woodcliff,  Edward,  35. 
Wooden,  William,  123,  133,  140,  232,  293,  380, 

470,  496. 

action  against  for  defamation,  339, 398. 


Woolen,  Jean,  391. 
Woolen,  John,  79,  142. 

imprisoned  by  the  Sweeds  at  Delaware,  106- 

108. 
Word  of  God  to  be  the  only  rule,  21,  69,  130, 

191. 
Worry,  Woory,  Ralph,  299,  301. 
Wright,  Benjamin,  of  Guilford,  497. 

to  be  whipped,  472. 

Yale,  Thoma.s,  Mr.,  17,  50,  64,  66,  92, 122, 125, 

138, 194,  301,  302, 386,  414, 480,  499. 
Yale,  David,  50,  91,  196,  301,  327. 
Yale,  Mrs.,  303. 
Tennycock,    Yennycott,    97,     110,    152,    see 

Southold. 

constable  appointed  for,  70 ;  letter  written 

to,  97. 
Young  meu  not  to  live  by  themselves  in  cellars, 

70. 

Zeaker,  skipper,  296. 
Zellick,  Mr.,  391. 


76'?,2    077 


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